UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


Digitized  by  the  Internet  Archive 

in  2008  with  funding  from 

Microsoft  Corporation 


http://www.archive.org/details/codeofpublicinstOOwash 


Code  of  Public  Instruction 


OF   THK 


State  of  Washington, 


WITH 


AF^F^E^NIDIX, 


Embracing  the  Constitution  of  Washington,  Official  Rulings,  and 
Blank  Forms. 


PUBLISHED   BY  AUTHORITY. 


1901. 


OLYMPIA.   WASH. 

GWIN   HICKS,     .     .     .     STATE   PRINTER 

1901. 


I2>c 


lo  -  i4-  fco 


INTRODUCTION . 

The  school  laws  set  forth  one  of  the  duties  of  the  Superintend- 
ent of  Public  Instruction  as  follows:  "Sixth,  To  cause  to  be 
printed,  with  an  appendix  of  appropriate  forms  and  instructions 
for  carrying  into  execution  the  laws  relating  to  public  schools, 
and  to  distribute  to  each  county  superintendent  a  sufficient 
number  of  copies  to  supply  each  district  officer,  and  to  cause  the 
same  to  be  printed  and  distributed  as  often  as  any  change  in  the 
laws  makes  it  of  sufficient  importance,  in  his  opinion,  to  justify 
the  same." 

In  accordance  with  the  foregoing  I  herewith  submit  the  "  Code 
of  Public  Instruction,"  as  amended  by  the  Legislatures  of  1899 
and  1901.  R.  B.  Bryan, 

Superintendent  of  Public   Instruction. 


O     k~  "7  A  A  " 


OUTLINE  OF  PUBLIC  SCHOOL  SYSTEM. 


TITLE  I.— DIVISIONS  OP  TERRITORY. 
Chapter  1. — The  State. 

Section  1.  System  to  consist  of. 
Chapter  2.— The  County. 
Section  2.  Supervision. 

Chapter  3.— The  District. 
Section  3.  Term  defined. 
Section  4.  Form  of  organization. 
Section  5.  Altering  boundaries. 
Section  6.  Limited  to  four  sections  or  more. 
Section  7.  May  purchase  school  house  site. 
Section  8.  Preference  right  to  purchase. 

Chapter  4.— Joint  and  Union  Districts. 
Article  I.  —  Union  Schools. 

Section  9.  Form  of  organization. 
Section  10.  Powers  of  officers. 
•  Section  11.  Determine  grades  and  pay  expenses. 

Article  II. — Consolidated  Districts. 
Section  12.  Officers  and  number  of. 
Section  13.  Division  of  funds. 
Section  14.  Retain  corporate  existence. 
Section  15.  Organization  of  board. 

Article  HI.— Joint  Districts. 
Section  16.  When  formed. 
Section  17.  How  organized. 
Section  18.  Reports  from  and  apportionment  to. 

TITLE  II.— POWERS  AND  DUTIES  OF  OFFICERS. 
Chapter  1. — Administerative  Officers. 
Section  19.  Officers  named. 

Chapter  2.— Superintendent  of  Public  Instruction 
Section  20.  Election. 
Section  21.  Salary. 
Section  22.  Powers  and  duties. 
Section  23.  Clerical  assistance. 


Q  OUTLINE  OF  PUBLIC   SCHOOL   SYSTEM. 

TITLE  II— Continued ': 

Chapter  3.— State  Board  of  Education. 
Section  24.  Appointment. 
Section  25.  Meetings  and  expenses. 
Section  26.  Vacancies. 
Section  27.  Powers  and  duties. 

Chapter  4. — Board  of  Higher  Education. 
Section  28.  Consists  of  whom. 
Section  29.  Duties. 

Chapter  5. — County  Superintendent  of  Common  Schools. 

Section  30.  Election,  deputy  and  vacancies. 

Section  31.  Eligibility. 

Section  32.  Eligibility — official  ballot. 

Section  33.  Powers  and  duties. 

Section  34.  Require  and  tile  reports. 

Section  35.  Office  days. 

Section  36.  Appeals. 

Section  37.  County  commissioners  furnish  stationery. 

Section  38.  Mileage  expenses. 
Chapter  6.— School  District  Directors. 

Section  39.  Election  and  qualification. 

Section  40.  Powers  and  duties. 

Section  41.  Liability  for  district  debts. 

Section  42.  Charge  tuition. 

Section  43.  Make  by-laws — regular  meetings. 

Section  44.  Transact  business  for  the  district. 

Section  45.  Have  no  pecuniary  interest  in. 

Section  46,  Limit  of  district  indebtedness. 

Section  47.  Appeals. 
Chapter  7.— District  Clerk. 

Section  48.   Election,  qualification  and  appointment. 

Section  49.  Powers  and  duties. 

Section  50.  Compensation. 

Chapter  8.— Teachers. 

Section  51.  Qualification. 

Section  52.  Make  reports. 

Section  53.  Properly  keep  the  school  register. 

Section  54.  Enforce  the  course  of  study  and  rules  of  board 

Section  55.  Employment  on  written  order. 

Section  56.  Not  teach  on  holidays,  etc. 

Section  57.  Power  to  control  and  suspend. 

Sestion  58.  To  teach  the  virtues. 
Chapter  9.— County  Treasurer. 

Section  59.  Powers  and  duties. 
Chapter  10. — General  Provisions  Relating  to  Officers. 

Section  60.  Deliver  books  and  papers  to  successor. 

Section  61.  Take  an  oath. 

Section  62.  File  signature. 

Section  63.  Recognizing  former  officers. 


OUTLINE  OF  PUBLIC  SCHOOL  SYSTEM. 

TITLE   III.— THE   COMMON  SCHOOL   SYSTEM. 
Chapter  1. — District  Schools. 
Section  64.  Definition. 
Section  65.  Subjects  taught. 
Section  66.  School  day  and  month. 
Section  67.  School  year. 
Section  68.  Contagious  diseases. 
Section  69.  Pupils  must  comply  with  rules. 
Section  70.  Length  of  term. 
Section  71.  Compulsory  attendance. 

Chapter  2. — Graded  and  High  Schools. 
Section  72.  Cities  are  one  district. 
Section  73.  Select  a  principal. 
Section  74.  Select  a  superintendent  for  city  schools. 

Chapter  3. —  Cities  of  Ten  Thousand  or  More  Inhabitants. 

Section  75.  Organization. 

Section  76.  Constitution  of  board  of  directors. 

Section  77.  Election. 

Section  78.  Electors  and  registration  of  voters. 

Section  79.  Declare  result  of  election. 

Section  80.  Qualification  of  directors. 

Section  81.  Elections  by  viva  voce  vote. 

Section  82.  Duty  of  president  of  board. 

Section  83.  Duty  of  vice  president  of  board. 

Section  84.  Duty  of  secretary  of  board. 

Section  85.  Secretary  to  give  bonds. 

Section  86.  Regular  meetings  of  board. 

Section  87.  Maintain  an  office. 

Section  88.  County  treasurer  ex  officio  treasurer. 

Section  89.  Board  to  fill  vacancies  in  their  number. 

Section  90.  Quorum. 

Section  91.  Auditing. 

Section  92.  Powers  and  duties  of  the  board. 

Section  93.  Annual  census. 

Section  94.  Directors  no  interest  in  contracts. 

Section  95.  Power  to  sell  property  limited. 

Section  96.  Advertise  for  bids. 

Section  97.  Annual  school  levy,  how  made. 

Section  98.  Limit  of  tax  levy. 

chapter  4.— County  Institutes. 

Section    99.  When  must  be  held. 

Section  100.  When  may  be  hold. 

Section  101.  Length  of  Session. 

Section  102.  When  teachers  are  teaching  during  session. 

Section  103.  Institute  fund  created. 

Section  104.  Expenses  allowed  by  commissioners. 

chapter  5.— Text  Books. 
Article  I. — Adoption  of  Books. 

Section  105.  Adopting  board  to  consist  of  whom. 


3  OUTLINE   OF  PUBLIC   SCHOOL   SYSTEM. 

TITLE  III. —  Chapter  5 — Continued. 
Article  II.  —  Free  Text  Books. 

Section  lu6.  Board  may  provide  free  text  books. 

Section  107.  Officers  may  levy  special  tax. 

Section  108.  Rules  for  care  of  books. 
Chapter  6.— School  Revenues. 

Section  109.  Principal  of  the  common  school  fund. 

Section  110.  Income  exclusively  for  current  use. 

Section  111.  State  annual  school  levy. 

Section  112.  Special  levy. 

Section  113.  Fines,  penalties  and  forfeitures. 

Section  114.  Warrants  paid  in  order. 

Section  115.  New  district  entitled  to  money. 

Section  116.  How  apportioned  to  new  district. 
Chapter  7. —  Bonds. 

Section  117.  Authorized. 

Section  118.  Election  to  vote. 

Section  119.  Shall  advertise  sale. 

Section  120.  Board  to  sell  to  highest  bidder. 

Section  121.  County  Commissioners  to  levy  interest. 

Section  122.  County  treasurer  to  pay  interest  from  interest  fund. 

Section  123.  Board  to  furnish  lithographed  bonds. 

Section  124.  Board  may  refund. 

Section  125.  Holder  to  notify  the  treasurer. 

Section  126.  Incidental  expenses. 

Section  127.  Method  of  redemption. 
Chapter  8. — Validation  of  Debts. 

Section  128.  Authorization. 

Section  129.  Board  adopts  a  resolution  to  validate. 

Section  130.  Determine  time  and  place  for  election. 

Section  131.  Call  an  election  of  district. 

Section  132.  May  issue  bonds. 

Section  133.  Shall  advertise  for  sale. 

Section  134.  Holders  of  warrants  may  exchange  for  bonds. 

Section  135.  Notice  of  election  to  the  treasurer. 

Chapter  9.— Certificate  of  Teachers. 
Article  I. 

Section  136.  Validation  of  outstanding  certificates. 
Section  137.  Classification  of  certificates. 

Article  II. 

Section  138.  Life  diplomas  and  state  certificates  on  examination. 
Section  139.  State  certificates  without  examination. 

Article  III. 

Section  140.  Examination  before  county  superintendent. 

Section  141.  Subjects  of  examination. 

Section  142.  Examination  fee. 

Section  143.  County  superintendents  forward  papers. 

Section  144.  First  grades  renewable. 

Section  145.  Second  examination  possible  when. 

Section  146.  Temporary  certificates. 


OUTLINE   OP  PUBLIC   SCHOOL   SYSTEM.  g 

TITLE  III.— Chapter  9— Continued  : 

Article  IV. — General  Provisions. 

Section  147.  Registration  of  certificates. 
Section  148.  Certificates  may  be  revoked. 

Chapter  10. — Elections  and  Meetings. 
Article  I. — General  Elections. 

Section  149.  Date  of  annual  election. 
Section  150.  Notice  of  time  and  place. 
Section  151.  Form  of  election. 
Section  152.  Ballots  and  challenges. 
Section  153.  Qualification  of  electors. 
Section  154.  Declaring  result  of  election. 
Section  155.  Certificates  of  election  and  tie  votes. 
Article  II. — Special  Elections. 
Section  156.  To  determine  what. 
Section  157.  How  held. 
Section  158.  Directors  shall  carry  out  the  vote. 

Chapter  11. — Penalties. 

Section  159.  State  board  of  education. 
Section  1(50.  County  superintendent  of  schools. 
Section  161.  Failure  to  account  for  school  money. 
Section  162.  Failure  to  teach  hygiene. 

Section  163.  County  superintendent's  failure  to  enforce  teaching  hy- 
giene. 
Section  164.  District  clerk. 
Section  165.  Failure  to  deliver  to  successor. 
Section  166.  Teacher's  failure  to  enforce  course  of  study. 
Section  167.  Abuse  of  pupils. 
Section  168.  Failure  to  attend  institute. 
Section  169.  Abuse  of  teacher. 
Section  170.  Disturbing  a  school. 
Section  171.  Failure  to  send  children  to  school. 
Section  172.  Defacing  property. 
Section  173.  Vivisection. 

Section  174.  Failure  to  use  authorized  text  books. 
Section  175.  Failure  to  maintain  school  legal  time. 

Chapter  12. — General  Provisions. 
Section  176.  lt  He  "  or  "  his." 

Section  177.  Superior  judge  enforce  compulsory  law. 
Section  178.  Against  vivisection. 
Section  179.  Dissection  permitted  when. 
Section  180.  Shall  procure  and  display  flag. 
Section  181.  Kindergarten  schools. 

TITLE  IV.— HIGHER  AND  SPECIAL  INSTITUTIONS 
Chapter  1.— University  of  Washington. 
Article  I. — Administration. 

Section  182.  Location  and  name. 
Section  183.  Aim  and  purpose. 


10  OUTLINE   OF  PUBLIC  SCHOOL   SYSTEM. 

TITLE  IV. — Chapter  1. — Article  I. — Continued: 

Section  184,  Government. 

Section  185.  Organization  of  board  of  regents. 

Section  186.  Powers  of  board  of  regents. 

Section  187.  The  faculty. 

Section  188.  Non-sectarian. 

Section  189.  Attorney  general  the  legal  adviser. 
Chapter  2. — Agbicultural  College. 

Section  190.  Organization. 

Section  191.  Ex-officio  visitors. 

Section  192.  Courses  of  instruction. 

Section  193.  Departments. 

Section  194.  Board  of  regents  and  their  powers. 

Section  195.  Officers  and  their  bonds. 

Section  196.  Duties  of  officers. 

Section  197.  Adoption  of  by-laws. 

Section  198.  Management  of  funds. 

Section  199.  Experiment  station. 

Section  200.  Congressional  requirements. 

Section  201.  Meeting  of  board  of  regents. 

Section  202.  Oaths  of  regents. 

Section  203.  Expenses  of  board  of  regents. 

Section  204.  Biennial  report. 

Section  205.  Disbursements  by  the  treasurer. 

Section  206.  Employes  shall  have  no  interest  in  contracts. 

Section  207.  Governor  ex-officio  member  of  board. 

Section  208.  Power  to  grant  degrees. 

Section  209.  Power  to  erect  buildings. 

Section  210.  Power  to  employ  architects. 

Section  211.  Current  expenses. 
Chapter  3. — Normal  Schools. 

Section  212.  Establishment  of  normal  schools. 

Section  213.  Appointment  of  trustees. 

Section  214.  Election  of  officers — by-laws. 

Section  215.  Powers  of  board. 

Section  216.  Boarding  houses. 

Section  217.  Meetings  of  board. 

Section  218.  Duties  of  principal. 

Section  219.  Training  school. 

Section  220.  Diplomas  and  certificates. 

Section  221.  Tuition  expenses. 

Section  222.  Courses  of  study. 

Section  223.  Text  books. 

Section  224.  Age  for  admission. 

Section  225.  Annual  meeting  of  principals. 

Section  226.  Biennial  report. 

Section  227.  Trustees  shall  have  no  interest  in  contracts. 
Chapter  4.— School  for  Defective  Youth. 

Section  228.  Establishment. 

Section  229.  Who  admitted. 

Section  230.  Management. 


OUTLINE  OF  PUBLIC   SCHOOL   SYSTEM.  11 

TITLE  IV — Chapter  4 — Continued: 

SectioD  231.  Powers  of  the  board. 

Section  232.  Appointment  of  board. 

Section  233.  Vacancies. 

Section  234.  Constitution  of  board. 

Section  235.  Official  notice  of  appointment. 

Section  236.  Annual  meeting. 

Section  237.  Treasurer's  bond. 

Section  238.  By-laws. 

Section  239.  Special  meetings. 

Section  240.  Quorum. 

Section  241.  Official  notice  of  meetings. 

Section  242.  Meeting  of  executive  committee. 

Section  243.  Inspection  by  executive  committee. 

Section  244.  Trustees  shall  have  no  interest  in  contracts. 

Section  245.  Financial  and  official  year. 

Section  246.  School  term. 

Section  247.  Biennial  report. 

Section  248.  The  director. 

Section  249.  Director  responsible  for  property. 

Section  250.  Removal  of  director. 

Section  251.  Admission  of  non-residents. 

Section  252.  School  clerk's  reports. 

Section  253.  County  superintendent's  duty. 

Section  254.  Compulsory  attendance. 

Section  255.  Expenses  of  indigent  pupils. 

Section  256.  Penalties. 

TITLE  V.— REPEALING  AND  EMERGENCY  CLAUSES. 

Section  257.  Repealing  school  laws. 
Section  258.  Emergency  declared. 

ADDITIONAL  LAWS. 

1.  Registration  of  voters  in  school  elections  in  cities  of  10,000  or  more. 

2.  Relating  to  vivisection  and  dissection. 

3.  Relating  to  compulsory  attendance  in  cities  of  10,000  or  more. 

4.  Providing  for  county  boards  of  grammar  school  examiners. 

5.  Amending  Ballinger's  Code  relating  to  refunding  of  bonds, 
(i.  Relating  to  violation  of  contracts  by  teachers. 

7.    Fines,  penalties  and  forfeitures  belonging  to  school  districts. 

s.    Portion  of  license  money  for  ^ale  of  liquors  belong  to  school  districts. 


CODE  OF  PUBLIC  INSTRUCTION. 


An  Act  to  establish  a  general,  uniform  system  of  public  schools  in 
the  State  of  Washington,  as  passed  by  the  Legislature  of  1897, 
and  as  amended  by  Chapters  XIV  and  CXLII  of  the  Laws  of 
1899,  and  by  Chapters  XLI,  CIV  and  CLXXVII  of  the  Laws  of 
1901 ;  also  embracing  Chapter  XXXII,  Laws  of  1897,  being  "An 
act  to  provide  for  the  registration  of  voters  in  all  school  elec- 
tions, in  school  districts  having  a  population  of  ten  thousand  or 
more  inhabitants,  and  regulating  elections  in  such  districts;  " 
Chapter  XXVI  of  the  Laws  of  1897,  being  "An  act  to  prevent 
vivisection  and  regulate  dissection  in  the  schools  of  the  State 
of  Washington,  except  medical  and  dental  schools,  or  medical 
department  of  any  school,  and  providing  a  penalty  therefor  ;  " 
Chapter  CXL,  Laws  of  1899,  being  "An  act  providing  for  the 
compulsory  attendance  of  children  in  the  public  schools  in  cities 
of  more  than  ten  thousand  inhabitants,"  and  Chapter  XLIX, 
Laws  of  1901,  being  "An  act  providing  for  county  boards  of 
grammar  school  examiners,  prescribing  manner  of  appoint- 
ment, term  of  office,  duties  and  compensation  of  such  boards," 
and  Chapter  CXXVI,  Laws  of  1901,  being  "An  act  relating  to 
school  teachers  who  violate  their  contracts  for  teaching." 

Be  it  enacted  by  the  Legislature  of  the  State  of  Washington  : 

TITLE   I.  — DIVISIONS   OF  TERRITORY. 
Chapter  1. — The  State. 
Section  1.  A  general  and  uniform  system  of  public  state  system 

°  ^  r  of  schools. 

schools  shall  be  maintained  throughout  the  State  of 
Washington,  and  shall  consist  of  common  schools  (in 
which  all  high  schools  shall  be  included  ),  normal 
schools,  technical  schools,  University  of  Washington, 
school  for  defective  youth  and  such  other  educational 
institutions  as  may  be  established  and  maintained  by 
public  expense. 

Chapter  2  —The  County. 

Sec.  2.  For  the  purposes  of  supervision  and  admin- 
istration each  county  in  the  state  shall  constitute  one 
county  district. 


14  CODE  OF  PUBLIC  INSTRUCTION. 

Chapter  3. — The  District. 

defineddistrict  Sec  3-  Tlie  term  "  school  district,"  as  used  in  this  act 
is  declared  to  mean  the  territory  under  the  jurisdiction 
of  a  single  school  board  designated  as  "  board  of  direct- 
ors," and  shall  be  organized  in  form  and  manner  as 
hereinafter  provided,  and  shall  be  known  as  district 

No , county :  Provided,  That  all  school 

districts  now  existing,  as  shown  by  the  records  of  the 
county  superintendents,  are  hereby  recognized  as  le- 
gally organized  districts. 

anewaai°tri0t  ^EC-  ^-  For  the  purpose  of  organizing  a  new  district, 
a  petition  in  writing  shall  be  made  to  the  county  super- 
intendent, signed  by  at  least  five  heads  of  families 
residing  within  the  boundaries  of  the  proposed  new 
district,  which  petition  shall  describe  the  boundaries  of 
the  proposed  new  district  and  give  the  names  of  all  the 
children  of  school  age  residing  within  the  boundaries 
of  such  proposed  new  district,  at  the  date  of  presenting 
said  petition.     The  county  superintendent  shall  give 

Notice.  notice  to  the  parties  interested  by  causing  notices  to  be 

posted  at  least  twenty  (20)  days  prior  to  the  time  ap- 
pointed by  him  for  considering  said  petition,  in  at  least 
three  of  the  most  public  places  in  the  proposed  new 
district,  and  one  on  the  school  house  door  of  each  dis- 
trict affected  by  the  proposed  change,  or  if  there  be  no 
school  house,  then  in  one  of  the  most  public  places  of 
said  old  district,  and  shall,  on  the  day  fixed  in  the 
notice,  proceed  to  hear  said  petition,  and  if  he  deem  it 
advisable  to  grant  the  petition  he  shall  make  an  order 
establishing  said  district  and  describing  the  boundaries 
thereof,  and  shall  certify  his  action  to  the  board  of 
county  commissioners  at  their  next  regular  meeting: 
Provided,  That  when  in  the  formation  or  alteration  of 
any  school  district,  or  after  the  refusal  of  the  county 

Appeal.  superintendent  to  form  or  alter  a  school   district   as 

prayed  for,  if  any  person  or  school  district  affected  by 
such  formation  or  alteration,  or  by  such  refusal  to  form 
or  alter  a  school  district  as  prayed  for,  shall  feel  ag- 
grieved by  the  action  of  the  county  superintendent,  he 
or  it  may  appeal  to  the  board  of  county  commissioners 


CODE   OF   PUBLIC   INSTRUCTION.  15 

of  his  or  its  county.  Said  appeal  shall  be  filed  with  the 
clerk  of  the  board  of  county  commissioners  within 
twenty  days  after  the  action  complained  of,  and  shall 
state  in  a  clear  and  concise  manner  the  matters  com- 
plained of,  which  statement  shall  be  verified  by  the 
affidavit  of  the  appellant  or  appellants  or  some  one  in 
his,  her  or  its  behalf.  Copies  of  the  notice  of  appeal 
shall  be  filed  with  the  county  superintendent  and  with 
the  clerk  of  each  school  district  affected  by  the  appeal, 
at  the  time  of  filing  said  notice  with  the  clerk  of  the 
board  of  countv  commissioners  :  Provided,  That  in  case  May  be  tiled 

J  with  other 

of  a  vacancy  in  the  office  of  clerk'  of  such  school  district,  ofvacancyTn 
then  the  copy  of  the  notice  of  appeal  may  be  filed  with  clerk'sofflce- 
any  member  of  the  school  board  of  such  school  district. 
The  county  commissioners  shall,  at  their  next  regular  Hearing. 
meeting,  appoint  a  time  and  place  when  such  appeal 
shall  be  heard.     At  such  appointed  time  and  place  they 
shall  hear  and  determine  said  appeal,  and  shall  have 
power  to  summon  witnesses  and  their  action  shall  be 
final :  And  provided  further,  That  at  such  hearing  be-  fn°te£^n$f  r~ 
fore  the  county  superintendent  he  shall  hear  testimony  flndmss- 
offered  by  any  person  or  school  district  interested  and 
find  and  determine  the  amount  of  bonded  and  other  in- 
debtedness of  all  the  school  districts  affected  by  the  for- 
mation of  the  new  district,  and  shall  find  and  determine 
the  amount  and  value  of  all  school  property  retained 
by  the  old  district  or  districts,  and  shall  find  and  de- 
termine the  amount,  as  nearly  as  may  be,  of  the  said 
outstanding    indebtedness  that  was  incurred  for  per- 
manent improvements,  and  the  amount  incurred  for 
current  expenses,  and  shall  make  an  equitable  adjust- 
ment of  all  debts  and  liabilities  between  such  new  dis- 
trict and  the  old  district  or  districts,  and  the  proportion 
and  amount  of  such  debts  and  liabilities  to  be  paid  by 
each  district,  and  the  decision  of  said  county  superin- 
tendent shall  be  final,  unless  appealed  from  within  the 
time  provided  by  law  :  And  provided  further,  That  every  ^jchdistrict 
school  district  which  shall  be  enlarged  or  created  from 
territory  taken  from  any  other  school  district  or  school 
districts  shall  be  liable   for  a  just  proportion  of  the 


16 


CODE   OF   PUBLIC   INSTRUCTION. 


Creditors' 
rights  not 
affected. 


Transfer  of 
territory. 


Petition 


Filing  of 
petition  and 
posting  of 
notice. 


existing  debts  and  liabilities  of  the  school  district  or 
school  districts  from  which  such  territory  shall  be  taken: 
Provided,  That  in  such  accounting  one  school  district 
shall  not  be  charged  with  any  debt  or  liability  then 
existing,  incurred  in  the  purchase  of  any  school  district 
property,  or  in  the  purchase  or  construction  of  any 
buildings  or  permanent  improvements  then  in  use  or 
under  construction  (or  for  which  obligations  have  been 
incurred)  which  shall  fall  within  and  be  retained  by  the 
other  school  district,  but  each  district  retaining  such 
property  shall  be  liable  for  the  indebtedness  therefor : 
Provided  further,  That  this  shall  not  be  construed  to 
affect  the  rights  of  creditors  :  Provided  further,  That  in 
case  of  an  appeal  by  the  school  district  the  affidavit  on 
appeal  may  be  made  by  any  school  district  officer  of  the 
school  district  so  appealing:  Provided  further,  That  when 
an  appeal  is  taken  to  the  board  of  county  commissioners 
as  herein  provided,  they  shall  hear  and  determine  the 
matter  de  novo  and  render  such  a  decision  as  should 
have  been  made  by  the  county  superintendent. 

Sec.  5.  (As  amended  by  chapter  clxxvii,  Laws  1901). 
For  the  purpose  of  transferring  territory  from  one 
district  to  another  or  enlarging  the  boundaries  of  any 
school  district,  a  petition  in  waiting  shall  be  presented 
to  the  county  superintendent,  signed  by  a  majority  of 
heads  of  families  residing  in  the  territory  which  it  is 
proposed  to  transfer  or  include,  which  petition  shall 
describe  the  change  which  it  is  proposed  to  have  made. 
It  shall  also  state  the  reason  for  desiring  said  change, 
and  the  number  of  children  of  school  age  residing  in 
the  territory  to  be  transferred.  The  county  superin- 
tendent shall  file  said  petition  in  his  office  and  shall 
give  notice  to  parties  interested  by  causing  to  be  posted 
notices  at  least  twenty  days  prior  to  the  time  appointed 
by  him  for  considering  said  petition,  one  of  which  shall 
be  in  a  public  place  in  the  territory  which  it  is  pro- 
posed to  be  annexed  or  transferred,  and  one  on  the 
door  of  the  school  house  in  each  district  affected  by 
the  change,  or  if  there  be  no  school  house  in  such 
district,  then  in  some   public  place  in  such  district  or 


CODE   OF   PUBLIC  INSTRUCTION.  17 

districts  ;  and  at  the  time  stated  in  said  notices  he  shall 
proceed  to  hear  said  petition,  and  if  he  deem  it  advis- 
able he  shall  grant  the  same  and  make  an  order  fixing 
the  boundaries  of  the  districts  affected  by  this  action, 
and  shall  certify  his  action  to  the  board  of  county  com- 
missioners at  their  next  regular  meeting :  Provided, 
That  the  county  auditor  shall,  in  all  cases  of  the  forma-  Proviso, 
tion  of  new  districts  or  the  alteration  of  school  district 
boundaries,  certify  the  action  of  the  county  com- 
missioners to  the  county  assessor  and  to  the  county 
superintendent :  Provided  further,  That  an  appeal  may  proviso. 
be  taken,  as  provided  for  in  section  4  of  this  chapter. 

Sec.  6.  (As  amended  by  chapter  clxxvii,  Laws  of 
1901).    In  forming  new  districts,  or  transferring  ter-  New  districts 

'  &  '  &  limited  to  not 

ritory  from  one  district  to  another,  or  changing  sections11  four 
boundaries  of  districts,  no  school  district  shall  con- 
tain less  than  four  sections  of  land,  unless  said  dis- 
trict can  support  six  months'  school  per  year  after  such 
change  of  territory :  Provided,  That  the  county  super-  Proviso. 
intendent  may  establish  a  district  with  less  than  four 
sections  on  a  petition  signed  by  eighty  per  cent,  of  all 
the  heads  of  families  of  the  proposed  district,  by  and 
with  the  consent  of  the  State  Superintendent  of  Public 
Instruction. 

Sec.  7.  That  any  school  district  may  purchase,  under  school  house 
the  provisions   of  law   governing   the  sale  thereof,  a 
school  house  site  or  sites  of  not  less  than  one  acre  nor 
more  than  five  acres  each,  of  any  school  lands  of  the 
State  of  Washington. 

Sec.  8.  That  in  all  cases  when  a  school  house  is  or  J-^t^o1106 
may  be  erected  upon  any  school  lands  of  this  state  the  Purchase- 
school  district  to  which  such  school  house  belongs 
shall  have  the  preference  right  for  six  months  after 
the  filing  of  the  final  appraisal  of  such  school  lands 
not  already  appraised,  to  purchase  school  house  sites 
to  include  the  lands  occupied  by  such  school  houses, 
at  the  appraised  value  thereof. 


18 


CODE   OF   PUBLIC  INSTRUCTION. 


Union  of 
districts. 


Meeting  of 
voters. 


Term  of  office 
of  clerk  and 
president. 


Annual 
election,  when, 


Proviso. 


Proviso  as  to 
local  condi- 
tions. 


Proviso  as  to 
course  of 
study. 


Chapter  4.— Joint  and  Union  Districts, 
article  i.— union  schools. 

Sec.  9.  (As  amended  by  chapter  clxxvii,  Laws  of 
1901).  Whenever  the  residents  of  two  or  more  school 
districts  may  wish  to  unite  for  the  purpose  of  estab- 
lishing a  union  or  graded  school  the  clerks  of  said 
districts  by  order  of  the  boards  of  directors,  shall, 
upon  a  written  or  printed  petition  of  five  or  more  heads 
of  families  of  their  respective  districts,  call  a  meeting 
of  the  voters  of  such  districts  at  some  convenient  place 
by  posting  written  or  printed  notices  in  like  manner 
as  is  provided  for  calling  annual  school  district  elec- 
tions ;  and  if  a  majority  of  the  voters  of  each  district 
shall  vote  to  unite  for  the  purposes  herein  stated,  the 
boards  of  directors  of  the  several  districts  so  voting  to 
unite  shall  constitute  the  board  of  directors  of  such 
union  district,  and  shall,  within  ten  days  thereafter, 
meet  and  organize  by  electing  one  of  their  number 
president  of  the  board,  and  selecting  their  clerk  for  such 
union  district ;  and  the  clerk  and  president  chosen  at 
such  meeting  shall  hold  their  respective  offices  until  the 
next  annual  school  district  election  and  until  their  suc- 
cessors are  elected ;  and  the  election  of  president  and 
clerk  shall  occur  annually  thereafter,  on  the  second  Sat- 
urday, next  succeeding  the  annual  school  district  elec- 
tion :  Provided,  That  in  union  districts  consisting  of 
three  or  more  school  districts  the  board  of  directors  of 
said  union  district  shall  be  composed  of  a  chairman  of 
the  several  boards  of  directors  of  the  districts  comprised 
in  such  union  district:  Provided,  That  if  local  condi- 
tions admit  of  it  the  directors  of  any  union  district  may, 
at  their  discretion,  admit  pupils  residing  in  such  union 
district,  belonging  to  [a]  grade  lower  than  the  high 
school  grades,  but  no  pupil  belonging  to  a  grade  lower 
than  the  seventh  shall  ever  be  admitted  to  any  such 
union  school:  Provided  further,  That  the  course  of 
study  for  such  grade  or  grades  shall  not  be  inconsistent 
with  the  laws  of  this  state,  and  shall  be  such  as  shall 
be  approved  by  the  Superintendent  of  Public  Instruc- 
tion. 


CODE   OF  PUBLIC  INSTRUCTION.       .  19 

Sec.  10.  (As  amended  by  chapter  clxxvii,  Laws  of 
1901).  The  board  of  directors  and  clerk  provided 
for  in  the  preceding  section  shall,  in  all  matters  re-  toectorsand 
lating  to  the  union  or  graded  schools  of  such  dis- cl 
trict,  possess  all  the  powers  herein  provided  for 
school  district  officers,  including  the  power  to  levy 
special  taxes  for  the  purpose  of  furnishing  trans- 
portation to  pupils  to  and  from  school  and  other  addi- 
tional school  facilities  for  the  union  district,  or  for  the 
payment  of  teachers'  wages,  or  for  the  purchase  of  fuel, 
supplies,  globes,  maps,  charts,  books  of  reference  or 
other  appliances  for  teaching,  or  for  any  or  all  of  these 
purposes.  They  shall  discharge  all  the  duties  and  be  Duty  of  cierk. 
governed  by  the  laws  herein  provided  for  school  dis- 
trict officers,  and  the  clerk  of  such  union  district  shall, 
immediately  upon  his  election,  inform  the  county  super- 
intendent of  the  organization  of  the  district.  Upon  the 
receipt  of  such  notice  of  organization  the  county  super- 
intendent shall  designate  such  union  district  by  num- 
ber, as  "Union    District  No.  — ,  County,"  and  Districts  to  be 

J  '  numbered. 

shall  notify  the  county  treasurer  of  the  organization  of 
such  district:  Provided,  That  such  district  shall  be  en- 
titled to  and   shall   receive  apportionments   from  the  apportion- t0 
state  annual  school  fund  in  the  manner  provided  by  ments- 
law  for  the  apportionments  from  the  state  annual  fund 
to  other   school  districts :    Provided  further,  That   the 
Superintendent  of  Public  Instruction  shall  apportion  p^^on 
annually  to  each  union  district  the  sum  of  one  hundred 
( .$100 )  dollars  for  each  grade  above  the  grammar  grade 
maintained  in  such  schools. 

Sec.  11.   (As  amended  by  H.  B.  472,  Laws  of  1899). 
The  directors  of  such  union  districts  shall  determine  course  of 

study. 

what  grade  or  grades  above  the  grammar  grade  of  the 
state  common  school  course  of  study  shall  be  pursued 
and  maintained  in  such  schools :  Provided,  That  the 
course  of  study  for  such  grade  or  grades  shall  not  be 
inconsistent  with  the  laws  of  this  state  ;  and  the  teacher 
or  teachers  of  such  union  schools  shall  keep  such  rec-  Reports, 
ords  and  make  such  reports  as  are  required  of  teachers 
of  schools  in  the  districts  composing  such  union  dis- 


20 


CODE   OF  PUBLIC  INSTRUCTION. 


tricts,  and  shall  make  such  other  reports  as  may  be  re- 
quired by  the  Superintendent  of  Public  Instruction. 


Organization. 


Officers  and 
their  powers. 


Number  of 

consolidated 

district. 


Property  be- 
longing to  the 
consolidated 
district. 


Component 
districts  retain 
their  corporate 
existence. 


ARTICLE  II. — CONSOLIDATED   DISTRICTS. 

Sec.  ]2.  When  two  or  more  school  districts  are  con- 
solidated by  the  provisions  of  this  act,  or  where  two  or 
more  districts  are  consolidated  by  the  uniting  of  two 
or  more  incorporated  cities  or  towns,  as  provided  by 
law,  all  the  directors  of  the  several  districts  so  consoli- 
dated shall  constitute  the  board  of  directors  of  the  new 
district  so  formed,  and  shall  have  all  the  powers  and  au- 
thority conferred  by  the  laws  of  this  state  upon  school 
district  officers  until  the  next  annual  school  election  in 
said  district,  at  which  time  there  shall  be  elected  three 
directors  and  one  clerk  for  said  district,  in  the  manner 
provided  by  law,  who  shall  hold  their  respective  offices 
as  provided  for  the  officers  of  new  districts;  and  the 
county  superintendent  of  any  county  in  which  new 
districts  are  formed  by  the  uniting  of  two  or  more  cities 
or  towns,  or  by  the  incorporating  of  any  city  or  town 
lying  partly  in  two  or  more  school  districts,  shall,  upon 
being  notified  of  such  action  by  the  clerk  or  by  the 
board  of  directors  of  such  new  district,  proceed  to  des- 
ignate such  new  district  by  a  number  not  the  same  as 
that  of  either  component  district  or  of  any  existing 
district,  and  to  make  a  record  of  the  boundaries  thereof, 
and  he  shall  certify  such  facts  to  the  board  of  county 
commissioners,  to  the  county  treasurer  and  to  the  clerk 
of  the  new  district  thus  formed. 

Sec.  13.  All  school  districts  formed  by  the  uniting  of 
two  or  more  city  or  town  districts,  as  provided  for  in 
this  act,  shall  be  entitled  to  the  funds  and  other  public 
property  of  the  other  school  districts  so  united,  and  the 
county  superintendent  shall  apportion  all  funds  to  the 
new  district  in  accordance  with  this  provision  and  shall 
certify  such  apportionment  to  the  county  treasurer. 

Sec  14.  Each  school  district  composing  said  con- 
solidated district  shall  retain  its  corporate  existence  so 
far  as  and  until  its  indebtedness  has  been  paid  in  full, 
and  the  officers   of  said  new   district  shall  have  the 


CODE   OF  PUBLIC  INSTRUCTION.  21 

power  and  it  shall  be  their  duty  to  provide  by  appro- 
priate levies  upon  such  old  district  as  may  be  necessary 
for  the  payment  of  indebtedness  :  Provided,  That  when 
such  payment  of  indebtedness  is  fully  made  the  clerk 
of  the  district  shall  enter  the  fact  upon  the  records  of 
the  district  and  report  the  same  to  the  county  superin- 
tendent of  schools. 

Sec.  15.  When  two  or  more  school  districts  shall  be  ofr|aardatif°n 
united  by  the  provisions  of  this  act,  the  boards  of  di-  directors- 
rectors  of  the  several  districts  so  united  shall,  within 
thirty  days  thereafter,  meet  and  organize  the  new  board 
by  the  election  of  one  of  their  number  as  president  of 
the  board.  They  shall  also  elect  a  clerk  for  said  dis- 
trict, and  the  clerks  of  the  several  districts  so  united 
shall  deliver  to  said  clerk  all  books,  papers  and  records 
belonging  to  their  respective  offices.  The  clerk  of  the 
new  district  thus  formed  shall  immediately  notify  the 
county  superintendent  of  the  organization  of  the  new 
district. 

ARTICLE   III. — JOINT   DISTRICTS. 

Sec.  16.  When  the  public  good  requires  it,  a  school  when  formed, 
district  may  be  formed  of  contiguous  territory  lying 
in  two  or  more  counties,  and  such  districts  shall  be' 
known  as  joint  districts.  They  shall  be  designated  by 
a  separate  number  for  each  county  in  which  any  por- 
tion of  their  territory  may  lie. 

Sec.  17.  For  the  purposes  of  forming  such  joint  dis-  organization, 
tricts,  a  petition  shall  be  presented,  drawn  and  signed 
as  prescribed  for  the  formation  of  other  school  districts  ; 
but  such  petition  shall  be  presented  in  duplicate  to  the 
superintendent  of  each  county  affected  by  the  proposed 
district,  and  the  superintendent  of  each  such  county 
shall  post  notices  of  the  hearing  of  the  petition  before 
him  as  in  the  case  of  petitions  for  other  districts :  Pro- 
vided, That  at  least  one  notice  shall  be  posted  in  each 
county  affected,  such  notice  being  posted  in  a  public 
place  within  the  boundaries  of  the  proposed  joint  dis- 
trict. Each  county  superintendent  shall  conduct  his 
hearing  within  his  own  county,  and  the  consent  of  the 


22  CODE   OF   PUBLIC   INSTRUCTION. 

superintendents  of  all  the  counties  affected  shall  be 
necessary  to  the  formation  of  the  district. 

officers.1101  Such  consent  shall  be  certified  in  writing  by  each 

superintendent  to  each  of  the  others,  and  when  all 
have  consented  they  shall  jointly  issue  a  call  for  a 
special  election  in  such  joint  district  for  the  purpose 
of  selecting  officers  for  said  district.  The  call  for  such 
election  shall  be  posted  as  in  the  case  of  other  special 
elections,  and  the  officers  elected  shall  qualify  within 
two  days  after  the  election.  Such  officers  shall  serve 
only  until  the  next  regular  annual  election,  when  a  full 
set  of  officers  shall  be  elected  as  provided  in  the  case 
of  other  new  districts.     Every  director  or  clerk  of  the 

oath  of  office,  joint  district  shall  file  his  certificate  of  election  and 
oath  of  office  with  the  county  superintendent  of  each 
county  in  which  any  portion  of  his  district  lies,  *and 
he  shall  file  his  signature  as  required  by  law  in  the 
office  of    the    county  treasurer   of   each   such   county. 

vacancies.  Vacancies  in  the  office  of  director  or  clerk  of  a  joint 
district  shall  be  filled  by  appointment  by  the  county 
superintendent  in  whose  county  the  officer  vacating 
resided  while  serving,  and  a  copy  of  such  appointment, 
with  the  oath  endorsed  thereon,  shall  be  filed  in  the 
office  of  each  county  superintendent. 

Reports  from        Sec.  18.  All  reports  from  joint  districts  shall  be  made 

joint  districts     m  x  J 

and  apportion-  jn  $u\\  i0  the  countv  superintendent  of  each  county  af- 

ment  to.  J  r  j 

fected  thereby  :  Provided,  That  any  county  superintend- 
ent may  order  the  segregation,  of  any  items  of  such 
report  so  as  to  show  separately  the  numbers  or  amounts 
from  each  county  affected  thereby:  And  provided  fur- 
ther, That  for  the  purpose  of  the  apportionment  of  state 
school  funds  the  district  shall  be  considered  as  belong- 
ing to  the  county  in  which  the  school  building  is 
located. 

TITLE  II.— OFFICERS,  THEIR  POWERS  AND  DUTIES. 
Chapter  1. — Administrative  Officers. 
Administra-  gEC-  iQ    Tne    administration    of    the   public    school 

tion.  * 

system  shall  be  entrusted  to  a  State  Superintendent  of 
Public  Instruction,  a  State  Board  of  Eudcation,  a  board 


CODE   OF  PUBLIC  INSTRUCTION.  23 

of  higher  education,  regents  or  trustees  for  educational 
institutions,  county  superintendents  of  common  schools, 
boards  of  directors  and  district  clerks. 

Chapter  2.— Superintendent  of  Public  Instruction. 

Sec.  20.  A  Superintendent  of  Public  Instruction  shall  when  elected. 
be  elected  by  the  qualified  electors  of  the  state,  on  the 
first  Tuesday  after  the  first  Monday  in  November  of 
the  year  in  which  state  officers  are  elected,  and  shall 
hold  his  office  for  the  term  of  four  years,  and  until  his 
successor  is  elected  and  qualified. 

Sec.  21.  The  Superintendent  of  Public  Instruction  salary. 
shall  receive  an  annual  salary  of  twenty-five  hundred 
dollars,  payable  monthly,  upon  warrant  of   the  State 
Auditor,  drawn  upon  the  State  Treasurer,  in  the  same 
manner  as  other  state  officers  are  paid. 

Sec.  22.  (As  amended  by  chapters  xli  and  clxxvii, 
Laws  of  1901).  The  powers  and  duties  of  the  superin- 
tendent of  public  instruction  shall  be: 

First.  To  have  supervision  over  all  matters  pertain- 
ing to  the  public  schools  of 'this  state. 

Second.  To  report  biennially  to  the  Governor  on  or  ^p^to 
before  the  first  day  of  November  preceding  the  regular  Governor- 
session  of  the  Legislature,  of  which  report  three  thou- 
sand copies  shall  be  printed  and  delivered  to  the  super- 
intendent of  public  instruction  who  shall  furnish  two 
copies  to  be  deposited  in  the  state  library,  one  copy  to 
each  county  superintendent  of  schools  and  one  copy  to 
each  district  library.     Said  report  shall  contain  a  state 
ment  of  the  general  condition  of  the  public  schools  of  ^ai^ccmtain. 
the  state,  with  full  statistical  tables  by  counties  show- 
ing the  number  of  schools  and  the  attendance  ;  the  state 
and  county  school  funds  apportioned,  amount  received 
from  special  tax,  and  from  other  sources,  amount  ex- 
pended for  salaries  of  teachers,  the  salaries  paid  by  the 
several  counties  to  the  county  superintendent  of  schools, 
and  the  amount  paid  him  for  incidentals  and  expenses  ; 
the  amount  paid  for  building  and  providing  school- 
houses,  furniture  and  apparatus,  the  amount  of  bonded 
or  other  school  indebtedness,  with  the  rate  of  interest 


24 


CODE   OP   PUBLIC  INSTRUCTION. 


Statement  of 
plans. 


Printing  of 

necessary 

blanks. 


To  visit  vari- 
ous counties 
of  this  state. 


Monthly  state- 
ment to  State 
Auditor. 


Forms  to  be 
printed. 


Ex-officio 
president  of 
State  Board  of 
Education. 


paid  thereon,  the  reports  of  all  state  educational  insti- 
tutions, or  such  portions  of  them  as  he  may  think  ad- 
visable, together  with  such  other  facts  as  he  may  deem 
of  general  interest.  He  shall  also  include  in  his  report 
a  statement  of  plans  for  the  management  and  improve- 
ment of  the  schools. 

Third.  To  prepare  and  have  printed  such  blanks, 
forms,  registers,  courses  of  study,  rules  and  regulations 
for  the  government  of  the  common  schools,  questions 
prepared  for  the  examination  of  teachers,  and  such 
other  blanks  and  books  as  may  be  necessary  for  the  dis- 
charge of  the  duties  of  teachers  and  officers  charged 
with  the  administration  of  the  laws  relating  to  the  com- 
mon schools ;  and  to  distribute  the  same  to  the  county 
superintendents. 

Fourth.  To  travel  in  the  different  counties  of  the  state 
where  public  schools  are  taught  without  neglecting  his 
other  official  duties  as  Superintendent  of  Public  In- 
struction, for  the  purpose  of  visiting  schools,  of  con- 
sulting the  county  superintendents,  and  of  addressing 
public  assemblages  on  subjects  pertaining  to  public 
schools ;  also  to  conduct  such  correspondence  as  may 
enable  him  to  obtain  all  necessary  information  relating 
to  the  system  of  public  schools  in  other  states. 

Fifth.  To  submit  to  the  State  Auditor  a  monthly 
statement  of  his  expenditures  for  traveling  expenses : 
Provided,  That  said  expenditures  shall  not  exceed  eight 
hundred  dollars  in  one  year. 

Sixth.  To  cause  to  be  printed  with  an  appendix  of 
appropriate  forms  and  instructions  for  carrying  into 
execution  the  laws  relating  to  public  schools,  and  to 
distribute  to  each  county  superintendent  a  sufficient 
number  of  copies  to  supply  each  district  officer  and  to 
cause  the  same  to  be  printed  and  distributed  as  often 
as  any  change  in  the  laws  make  it  of  sufficient  import- 
ance, in  his  opinion,  to  justify  the  same. 

Seventh.  To  act  as  ex-officio  president  of  the  State 
Board  of  Education. 

Eighth.  To  hold  biennially  on  or  before  the  first  day 
of  October  following  the  election   of  county  superin- 


CODE   OF  PUBLIC  INSTRUCTION.  25 

tendents,  a  convention  of  the  county  superintendents  ^ventlm  of 
of  the  state,  at  such  time  and  place  as  he  may  deem  fntendents.er 
convenient,  for  the  discussion  of  questions  pertaining 
to  the  supervision  and  administration  of  the  school 
laws  and  such  other  subjects  affecting  the  welfare  and 
interests  of  the  common  schools  as  may  be  brought 
before  it. 

*  Ninth.  Upon  receipt  from  the  State  Auditor  of  a  Apportion- 

*  r  ment  of  school 

certificate  of  the  state  school  fund  subject  to  apportion- funds- 
ment,  to  apportion  within  ten  days  said  fund  among 
the  several  counties  of  the  state  in  proportion  to  the 
total  days  attendance:  Provided,  That  each  school  d is- Proviso, 
trict  shall  be  credited  with  at  least  two  thousand  total 
days  attendance.    The  basis  of  said  apportionment  shall  Basis- 
be  the  last  annual  reports  of  the  several  county  super- 
intendents on  file  in  his  office  at  the  time  of  making 
his  apportionment:  Provided  further,  If  a  pupil  attends  Proviso. 
any  school  of  the  state  outside  his  resident  district  dur- 
ing the  time  the  resident  district  maintains  school  of 
the  grade  in  which  the  pupil  belongs,  the  attendance 
shall  be  credited  to  the  district  in  which  the  pupil  re- 
sides, unless  mutually  arranged  otherwise  by  the  di- 
rectors, and  the  clerk  of  any  district  whose  resident 
pupils  are  attending  school  in  another  district  shall 
notify  the  clerk  of  the  district  where  such  pupils  attend 
when  the  school  of  said  pupils'  resident  district  will  be 
in  session  and  the  grades  maintained  ;  and  without  such 
notice  all  claim  to  attendance  will  be  forfeited. 

f  Ninth.  Upon  the  receipt  from  the  State  Auditor  of  a  ^om  s°tate 
certificate  of  the  state  school  fund  subject  to  apportion-  Audlt01 
ment,  to  apportion  within  ten  days  said  fund  among 
the  several  counties  of  the  state,  in  proportion  to  the 
total  days  attendance :  Provided,  That  each  school  dis-  ftrtenlance.t0 
trict  shall  be  credited  with  two  thousand  days  attend- 
ance.    The  basis  of  said  apportionment  shall   be  the 
last  annual  records  of  the  several  county  superintend- 


*  This  provision  is  from  chapter  xi.i.  JLaws  of  1901,  which  went  into  efled 
March  l,  1901. 

1  This  provision  is  from  chapter  CLXXVn,  Laws  of  1901,  which  went  into 
June  13, 1901. 


26 


CODE   OF   PUBLIC  INSTRUCTION. 


Attendance 
outside  of 
district  — how 
credited. 


Annual  report 
from  state 
institutions. 


Directory  of 
boards. 


Grading  of 
standing. 


ents  on  file  in  his  office  at  the  time  of  making  his 
apportionment:  Provided  further,  If  a  pupil  attends  any 
school  of  the  state  outside  his  resident  district,  or 
private  school  within  his  resident  district,  during  the 
time  the  resident  district  maintains  school  of  the  grade 
in  which  the  pupil  belongs,  the  attendance  shall  be 
credited  to  the  district  in  which  the  pupil  resides,  un- 
less mutually  arranged  otherwise  by  the  directors  ;  and 
the  clerk  of  any  district  whose  resident  pupils  are  at- 
tending school  in  another  district,  shall  notify  the  clerk 
of  the  district  where  such  pupils  attend,  when  the  school 
of  said  pupil's  resident  district  will  be  in  session,  and 
the  grades  maintained  ;  and  without  such  notice  all 
claim  to  attendance  will  be  forfeited. 

Tenth.  To  require  annually  on  or  before  the  fifteenth 
day  of  August  of  the  president,  manager  or  principal 
of  every  seminary,  academy  or  private  school,  and  of 
the  president,  manager  or  principal  of  every  state  edu- 
cational institution  in  this  state",  a  report  of  such  facts 
arranged  in  such  form  as  he  may  prescribe,  and  he 
shall  furnish  blanks  for  such  reports,  and  it  is  made 
the  duty  of  every  such  president,  manager  or  principal, 
to  fill  up  and  return  such  blanks  within  such  time  as 
the  superintendent  of  public  instruction  shall  direct. 

Eleventh.  To  keep  in  his  office  a  directory  of  all  boards 
of  regents  and  trustees  of  state  educational  institutions, 
of  the  faculties  of  said  institutions,  and  of  all  teachers 
receiving  certificates  to  teach  in  the  common  schools 
of  this  state. 

*  Twelfth.  To  grade  and  make  records  of  the  standing 
of  all  examination  papers  submitted  to  him  by  county 
superintendents,  and  to  issue  certificates  thereon  as  pro- 
vided by  law. 

f  Twelfth.  To  issue  common  school  certificates  as 
provided  by  law. 


*  This  provision  is  from  chapter  xli,  Laws  of  1901,  which  went  into  effect 
March  1,  1901. 

t  This  provision  is  from  chapter  clxxvii,  Laws  of  1901,  which  went  into  effect 
June  13,  1901. 


CODE   OF   PUBLIC  INSTRUCTION.  27 

Thirteenth.  To  keep  in  his  office,  at  the  capital  of  the  office  records, 
state,  all  books  and  papers  pertaining  to  the  business 
of  his  office,  and  to  keep  and  preserve  in  his  office  a 
complete  record  of  statistics,  and  all  matters  pertain- 
ing to  the  educational  interests  of  the  state,  as  well  as 
a  record  of  the  meetings  of  the  State  Board  of  Educa- 
tion.     He    shall    file  all    papers,    reports    and    public  Filings. 
documents  transmitted  to  him  by  the  school  officers  of 
the  several  counties  of  the  state,  each  year  separately. 
Copies  of  all  papers  filed  in  his  office,  and  his  official  cSsof 
acts,   may    be    certified    by  him    and    attested  by   his  official  acts, 
official  seal,  and  when  so  certified  shall  be   evidence 
equally  and  in  like  manner  as  the  original  paper. 

Fourteenth.  To  decide  all  points  of  law  which  may  Joe~» 
be  submitted  to  him  in  writing  by  any  county  superin- 
tendent, or  that  may  be  submitted  to  him  by  any  other 
person,  upon  appeal  from  the  decision  of  any  county 
superintendent;  and  shall  publish  his  rulings  and 
decisions  from  time  to  time  for  the  information  of 
school  officers  and  teachers  ;  and  his  decisions  shall  be 
final  unless  set  aside  by  a  court  of  competent  juris- 
diction. 

Fifteenth.  To  deliver   over   to   his  successor,  at  the  °ecCessorto 
expiration  of    his  term    of    office,   all    records,  books, 
maps    and  documents  and   papers,  of   whatever  kind 
belonging    to    his    office    or    which    may    have    been 
received  by  him  for  the  use  of  his  office. 

Sec.  23.  The  Superintendent  of  Public  Instruction  Sgaapnhder. 
ishereby  authorized  to  appoint  a  stenographer,  and 
also  a  deputy  superintendent  of  public  instruction,  who 
shall  hold  a  life  diploma.  The  compensation  of  both 
shall  not  exceed  twenty-five  hundred  dollars  per  annum, 
and  shall  be  paid  in  the  manner  prescribed  for  the 
payment  of  state  officers. 

Chapter  3.—  State  Board  of  Education. 

Sec.  24.  (As  amended  by  chapter  clxxvii,  Laws  of  £°^nnt°B*£rd 
1901).     The   Governor    shall    appoint,    by    and    with of  Education, 
the  advice  and  consent  of  the  state  senate   four  suit- 
able persons  holding  life  diplomas  issued  by  authority 


28 


CODE   OP   PUBLIC  INSTRUCTION. 


Proviso. 


Meetings. 


Expenses. 


of  this  state,  who,  together  with  the  Superintend- 
ent of  Public  Instruction,  shall  constitute  the  State 
Board  of  Education:  Provided,  That  at  least  two  mem- 
bers of  said  board  shall  be  selected  from  those  actually 
engaged  in  teaching  in  the  common  schools  of  the  state. 
Term  of  office.  The  persons  appointed  members  of  the  State  Board  of 
Education  shall  hold  their  office  for  two  years  from 
the  first  Monday  in  March  next  following  their  appoint- 
ment, and  shall  serve  until  their  successors  are  ap- 
pointed and  qualified. 

Sec.  25.  The  State  Board  of  Education  shall  hold  an 
annual  meeting  at  the  capital  of  the  state  on  the  first 
Tuesday  in  June  of  each  year,  and  may  hold  such 
special  meetings  as  may  be  deemed  necessary  for  the 
transaction  of  public  business,  such  special  meetings 
to  be  called  by  the  Superintendent  of  Public  Instruc- 
tion. The  persons  appointed  as  members  of  the  board 
of  education  shall  be  paid  for  their  services  the  actual 
expenses  incurred  in  the  performance  of  their  duties, 
which  expenses  shall  be  paid  by  the  State  Treasurer, 
on  warrant  of  the  State  Auditor,  out  of  funds  not  other- 
wise appropriated,  upon  the  certificate  of  the  Super- 
intendent of  Public  Instruction:  Provided,  That  the 
expenses  of  the  whole  board  shall  not  exceed  the  sum 
of  one  thousand  dollars  in  any  one  year. 

Sec.  26.  Whenever  any  vacancy  in  the  board  shall 
occur,  whether  by  death,  removal,  resignation  or  other- 
wise, the  Governor  shall  fill  the  vacancy  by  appoin- 
ment. 

Sec.  27.  The  State  Board  of  Education  ■  shall  have 
power — 

First.  To  adopt  or  to  re-adopt,  according  to  law,  at  a 
special  meeting  to  be  called  by  the  Superintendent  of 
Public  Instruction,  a  uniform  series  of  text  books  for 
the  use  of  the  common  schools  throughout  the  state. 

Second.  To  prepare  a  course  or  courses  of  study  for 
the  primary,  grammar  and  high  school  departments  of 
the  common  schools,  and  to  prescribe  such  rules  for 
the  general  government  of  the  common  schools  as  shall 
secure  regularity  of  attendance,  prevent  truancy,  secure 


Vacancies. 


Powers  and 

duties. 


Adopt  text 
books. 


Prepare 
courses  of 
study. 


CODE   OP  PUBLIC   INSTRUCTION.  29 

efficiency  and  promote  the  true  interests  of  the  common 
schools. 

Third.  To  use  a  common  seal,  and  to  elect  one   of  fJcretLy. 
their  own  members  as  secretary,  who  shall  keep  a  cor- 
rect record  of  all  proceedings  of  the  board,  and  shall 
file  a  certified  copy  of  the  same  in  the  office  of  the  Su- 
perintendent of  Public  Instruction. 

Fourth.  To  sit  as  a  board  of  examination   at  their  ?°y0enxsam" 
annual  or  special  meetings,  and  to  grant  state  certifi 
cates  and  life  diplomas. 

Fifth.  To  prepare  a  uniform  series  of  questions  to  be  questions  for 
used  by  the  county  superintendents  in  the  examination  ination^xam 
of  teachers,  and  to  determine  rules  and  regulations  for 
conducting  the  same. 

Chapter  4.— Board  of  Higher  Education. 
Sec.  28.  The  board  of  higher  education  shall  consist  insists  of 

°  whom. 

of  the  State  Board  of  Education,  together  with  the  pres- 
ident of  the  University  of  Washington,  the  president, 
of  the  State  Agricultural  College  and  School  of  Science, 
and  the  principals  of  the  state  normal  schools. 

Sec.  29.  The  board  of  higher  education  shall  have  ^^ 
the  power,  and  it  shall  be  their  duty,  to  adopt  courses  studyesc 
of  study  for  normal  schools,  and  for  the  preparatory 
requirements  for  entrance  to  the  University  of  Wash- 
ington and  to  the  agricultural  college.  The  board  shall 
arrange  such  courses  and  adopt  and  enforce  such  reg- 
ulations as  will  place  the  state  institutions  in  harmon- 
ious relations  with  the  common  schools  and  with  each 
other,  and  unify  the  work  of  the  public  school  system. 


Chapter  5. — County  Superintendent  of  Common  Schools. 


County  super- 


Sec.  30.  (As  amended  by  H.  B.  472,  Laws  of  1899.)  Pendent' 

.  •     ,         i  c  i         i  ,      1 1   ■■       term  of  office. 

A  county  superintendent  or  common  schools  shall  be 
elected  in  each  county  of  the  state  at  each  general 
election,  whose  term  of  office  shall  begin  on  the  first  Election. 
Monday  in  August  next  succeeding  his  election  and 
continue  for  two  years  and  until  his  successor  is 
elected  and  qualified.  He  shall  take  the  oath  or  affir- 
mation of  office,  and  shall  give  an  official  bond  in  a 
sum  to  be  fixed  by  the  board  of  county  commissioners. 


30 


CODE   OF  PUBLIC   INSTRUCTION. 


Deputy. 


Eligibility. 


In  small 
counties. 


Official  ballot. 


Powers  and 
duties. 


He  may,  at  his  own  cost,  appoint  a  deputy,  who  shall 
qualify  in  the  same  manner  as  the  county  superin- 
tendent, and  perform  all  the  duties  of  the  office,  sub- 
ject, however,  to  revision  by  the  county  superintendent. 
The  county  commissioners  of  each  county  shall  fill  any 
vacancy  that  may  occur  in  the  office  of  county  super- 
intendent until  the  next  general  election. 

Sec.  31.  No  person  shall  be  eligible  to  hold  the  office 
of  county  superintendent  of  common  schools  who  shall 
not  at  the  time  of  his  election  or  appointment  have 
taught  in  the  public  schools  of  this  state  one  school 
year  of  nine  months,  and  who  shall  not  at  the  time  of 
such  election  or  appointment  hold  a  state  certificate  or 
life  diploma  or  a  first  grade  common  school  certificate 
in  full  force  and  effect :  Provided,  That  in  all  counties 
of  the  twenty-seventh  class  and  in  all  counties  of  a  class 
having  a  greater  number  than  twenty-seven,  a  person 
shall  be  eligible  to  hold  the  office  of  county  superin- 
tendent of  common  schools  if  he  shall  have  taught  in 
the  public  schools  of  this  state  at  least  nine  school 
months,  and  shall  hold  at  the  time  of  his  election  or 
appointment  a  certificate,  except  a  special  certificate  or 
a  temporary  certificate,  in  full  force  and  effect. 

Sec.  32.  The  county  auditor  shall  not  place  the  name 
of  any  person  upon  the  official  ballot  as  a  candidate  for 
the  office  of  county  superintendent  of  common  schools 
unless  such  person  shall  have  filed  in  the  office  of  the 
county  auditor,  at  least  twenty  days  before  the  date  at 
which  the  election  is  to  be  held,  proof  of  having  taught 
in  the  schools  of  the  state  one  school  year  of  nine 
months,  together  with  a  copy  of  one  of  the  certificates 
required  by  this  act. 

Sec.  33.  (As  amended  by  H.  B.  472,  Laws  of  1899). 
Each  county  superintendent  shall  have  the  power,  and 
it  shall  be  his  duty — 

First.  To  exercise  a  careful  supervision  over  the 
common  schools  of  his  county,  and  to  see  that  all  the 
provisions  of  the  common  school  laws  are  observed 
and  followed  by  teachers  and  school  officers. 


CODE   OF   PUBLIC  INSTRUCTION.  31 

Second.  To  visit  each  school  in  his  county  not  less  visit  schools. 
than  once  each  year. 

Third.   To    distribute    promptly    all    reports,    laws,  ^^ute 
forms,  circulars,  and  instructions    which  he  may  re- 
ceive for  the  use  of  the  schools  and  the  teachers. 

Fourth.  To  enforce  the  course  of  study  adopted  by 
the  State  Board  of  Education  and  to  enforce  the  rules 
and  regulations  required  in  the  examination  of  teachers. 

Fifth.  To  keep  on  file  and  preserve  in  his  office  the 
biennial  reports  of  the  Superintendent  of  Public  In- 
struction and  of  the  county  superintendent  of  his 
county. 

Sixth.  To  keep  in  good  and  well-bound  books,  to  be  Keep  records, 
furnished  by  the  county  commissioners,  records  of  his 
official  acts. 

Seventh.  To  preserve  carefully  all  reports  of  school 
officers  and  teachers,  and  at  the  close  of  his  term  of 
office,  to  deliver  to  his  successor  all  records,  books, 
documents  and  papers  belonging  to  the  office,  taking  a 
receipt  for  the  same,  which  shall  be  filed  in  the  office 
of  the  county  auditor. 

Eiqhth.    To    administer    oaths    and    affirmations    to  Administer 

v  oaths. 

school  directors,  teachers  and  other  persons,  on  all 
official  matters  connected  with  or  relating  to  schools, 
but  shall  not  make  or  collect  any  charge  or  fee  for  so 
doing. 

Ninth.  To  keep  in  a  suitable  book  an  official  record  ^nu^c^to  of 
of  all  persons  under  contract  to  teach  in  the  schools  of teach- 
his  county,  showing  the  number  of  the  school  district, 
the  date  of  the  contract,  the  names  of  the  contracting 
parties,  the  date  of  the  expiration  of  the  teacher's  cer- 
tificate and  the  grade  thereof,  the  salary  paid,  and  the 
date  of  commencing  school,  with  the  length  of  the  term 
in  weeks. 

Tenth.    To  make  an  annual  report  to  the  Superin-  reportatoSu- 
tendent  of  Public  Instruction  on  the  first  day  of  August  *■? p^So61" 
of  each  year  for  the  school  year  ending  June  30,  next 
preceding.     The  report  shall  contain  an  abstract  of  the 
reports  made  to  him  by  the  district   clerks,  and  such 


CODE   OF   PUBLIC  INSTRUCTION. 


Keep  tran- 
script of 
boundaries. 


Appoint  school 

district 

officers. 


To  apportion 
school  funds. 


Grant 
temporary 

certificates. 


other  matters  as  the  Superintendent  of  Public  Instruc- 
tion shall  direct. 

Eleventh.  To  keep  in  his  office  a  full  and  correct 
transcript  of  the  boundaries  of  each  school  district  in 
the  county.  In  case  the  boundaries  of  said  districts 
are  conflicting  or  incorrectly  described,  he  shall  change, 
harmonize  and  describe  them,  and  at  their  next  regular 
meeting,  he  shall  certify  his  action  to  the  county  com- 
missioners of  his  county,  and  shall  file  with  them  a 
complete  transcript  of  the  boundaries  of  all  school 
districts  affected  by  his  action,  which  shall  be  entered 
upon  the  journal  of  said  board  and  become  a  part  of 
their  records.  The  county  superintendent  shall,  on 
request,  furnish  the  district  clerks  with  descriptions  of 
the  boundaries  of  their  respective  districts. 

Twelfth.  To  appoint  directors  and  district  clerks  to 
fill  vacancies  caused  by  death,  resignation,  failure  to 
hold  election,  failure  to  qualify  before  the  day  for 
taking  office,  and  absence  from  the  district  for  a  period 
of  ninety  days ;  to  appoint  directors  and  direct  clerks 
for  any  new  districts :  Provided,  That  when  any  new 
district  is  organized,  such  of  the  directors  and  district 
clerk  of  the  old  district  as  reside  within  the  limits  of 
the  new  one  shall  be  directors  and  district  clerk  of  the 
new  one,  and  the  vacancies  in  the  old  district  shall  be 
filled  by  appointment. 

Thirteenth.  To  apportion  within  ten  days  after  re- 
cieving  the  certificate  of  apportionment  of  the  Super- 
intendent of  Public  Instruction,  the  state  annual  school 
fund,  and  such  other  funds  as  are  subject  to  apportion- 
ment, to  the  several  school  districts  entitled  to  receive 
the  same,  in  accordance  with  the  instructions  of  the 
Superintendent  of  Public  Instruction.  He  shall  certify 
the  result  of  the  apportionment  to  the  county  treasurer, 
and  also  notify  each  clerk  of  the  amount  apportioned 
to  that  district. 

Fourteenth.  To  grant  such  temporary  and  special  cer- 
tificates and  to  conduct  such  examinations  of  teachers 
and  make  such  records  thereof  as  may  be  prescribed 
by  law  :  Provided,  That  he  shall  give  ten  days'  notice 


CODE   OF   PUBLIC   INSTRUCTION.  33 

of  such  examination  by  publication  in  some  newspaper 
of  general  circulation  published  in  his  county,  or  if 
there  be  no  newspaper,  then  by  posting  up  hand  bills, 
or  otherwise. 

Fifteenth.    To  hold  teachers'  institutes  according  to  how 

J  ,  °  institutes. 

law,  and  to  conduct  such  other  meetings  of  the  teachers 
of  his  county  as  may  be  for  the  best  interests  of  the 
schools. 

Sixteenth.  Upon  receipt  of  the  report  of  the  clerk  and  attendance 
at  any  time  upon  the  complaint  of  the  clerk  or  a  parent 
of  the  school  or  any  member  of  the  board  of  directors 
of  any  school  district  that  any  child  is  not  attending 
school  as  required  by  law,  to  immediately  notify  the 
parents  or  guardian  of  such  child  that  the  law  must  be 
complied  with  and  otherwise  endeavor  to  procure  the 
attendance  of  such  child  at  school. 

Sec.  34.  The  county  superintendent  shall  require  all  General  duties. 
reports  of  school  district  officers,  teachers  and  others 
to  be  made  promptly  as  required  by  law.  He  shall  see 
that  the  teacher's  register  is  kept  in  accordance  with 
law  and  the  instructions  of  the  Superintendent  of 
Public  Instruction,  and  that  the  records  of  school  dis- 
trict clerks  are  properly  kept.  He  shall  require  the 
oaths  of  office  of  all  school  district  officers  to  be  filed 
in  his  office,  and  shall  furnish  a  directory  of  all  such 
officers  to  the  county  treasurer,  upon  blanks  to  be  fur- 
nished by  the  Superintendent  of  Public  Instruction,  as 
soon  as  the  election  or  appointment  of  such  officers  is 
determined  and  their  oaths  placed  on  file. 

Sec.  35.  He  shall  keep  his  office  open  for  the  trans-  office  days, 
action  of  official  business  such  days  each  week  as  the 
duties  of  the  office  may  require,  and  shall  keep  posted 
on  the  door  of  his  office  a  notice  of  said  office  days  and 
hours  of  such  days. 

Sec.  36.  Any  person  or  board  of  directors  aggrieved  dvepc^f01nfrh™w 
by  any  decision  or  order  of  the  county  superintendent taken' 
may,  within  thirty  days  after  the  rendition  of  such  a 
decision  or  making  of  such  order,  appeal  therefrom  to 
the  Superintendent  of  Public  Instruction.     The  basis 
—3 


34  CODE  OP  PUBLIC  INSTRUCTION. 

of  the  proceeding  shall  be  an  affidavit  by  the  party 
aggrieved,  filed  with  the  Superintendent  of  Public  In- 
struction within  the  time  for  taking  the  appeal.  The 
affidavit  shall  set  forth  the  errors  complained  of  in  a 
plain  and  concise  manner.  The  Superintendent  of 
Public  Instruction  shall,  within  five  days  after  the  fil- 
ing of  such  affidavit  in  his  office,  notify  the  county 
superintendent  in  writing  of  the  taking  of  such  appeal, 
and  the  count}'  superintendent  shall,  within  twenty 
days  after  being  thus  notified,  file  in  the  office  of  the 
Superintendent  of  Public  Instruction  a  complete  tran- 
script of  the  record  and  proceedings  relating  to  the 
decision  complained  of,  which  shall  be  certified  to  be 
correct  by  the  county  superintendent.  The  Superin- 
tendent of  Public  Instruction  shall  examine  the  tran- 
script of  such  proceedings  and  render  a  decision 
thereon,  but  no  new  testimony  shall  be  admitted,  and 
his  decision  shall  be  final  unless  set  aside  by  a  court 
of  competent  jurisdiction. 
SSnerfto  Sec.  37.  (As  amended  by  chapter  clxxvii,  Laws 
Krfntendnty  of  1901).  The  county  commissioners  shall  provide 
room^books06  the  county  superintendent  with  a  suitable  office  at  the 
county  seat,  and  all  necessary  blanks,  books,  station- 
ery, postage,  printing  and  other  expenses  of  his  office 
shall  be  paid  by  the  county  treasurer  out  of  the  county 
fund  upon  a  sworn  statement  made  quarterly  and  al- 
Proviso.  lowed   by  the  county  commissioners:   Provided,  That, 

as  to  the  necessity  for  the  printing  and  issuance  of  cir- 
culars of  information  pertaining  to  the  schools  of  his 
county,  for  the  use  of  schools,  school  officers  and  teach- 
ers, the  county  superintendent  shall  determine. 

Sec.  38.  (As  amended  by  chapter  clxxvii,  Laws  of 
Mileage.  1901).     For  each  mile   actually  and  necessarily  trav- 

eled in  the  performance  of  their  official  duties  and 
in  attendance  on  the  convention  of  county  superin- 
tendents, called  by  the  Superintendent  of  Public  In- 
struction, county  superintendents  shall  be  allowed 
mileage  as  follows:  In  each  county  of  the  first,  second, 
Five  cents  per  third,   fourth,  fifth,  sixth,  seventh,  eighth,  ninth,  and 

mile. 

tenth  classes,  five  cents  per  mile;  in  each  county  of  the 


mileage  not 
charged. 


CODE  OF  PUBLIC   INSTRUCTION.  35 

eleventh  class  and  all  counties  having  a   higher   class  m^ecents  per 
number  than  the  eleventh,  ten  cents  per  mile:  Provided, 
That  no   county  superintendent  shall   be   allowed   to 
charge  or  collect  any  fee  for  the  performance  of   any 
other  duties  herein  named:  Provided  further,  That  no  C( 
constructive  mileage  shall  be  charged. 

Chapter  6.— District  Directors. 
*Sec.  39.  (As    amended    by   chapter    xli,    Laws    of  Directors, 

x  •/  j.  >  when  elected. 

1901).  Directors  of  school  districts  shall  be  elected  at 
the  regular  annual  school  election.  At  the  first  annual 
election  in  all  new  districts,  three  directors  shall  be 
elected,  for  one,  two  and  three  years,  respectively.  No  Eligibility. 
person  shall  be  eligible  to  the  office  of  school  director 
who  is  not  able  to  read  and  write  the  English  language. 
The  ballot  shall  specify  the  term  for  which  each  is  to 
be  elected.  In  all  districts  in  which  elections  have  ofeaSe0ctoSce 
been  previously  held,  one  director  shall  be  elected  for 
the  term  of  three  years,  and  if  any  vacancies  are  to  be 
filled  a  sufficient  number  to  fill  them  for  the  unexpired 
term  or  terms  ;  and  the  ballot  shall  specify  the  re- 
spective terms  for  which  each  director  is  to  be  elected. 
Directors  elect  shall  take  office  on  the  first  Monday  in  Assume  office. 
June  next  succeeding  their  election  and  shall  hold 
office  until  their  successors  are  elected  and  qualified. 
In  case  of  vacancy  in  the  board  of  directors  from  any 
cause  the  county  superintendent  shall  fill  such  vacancy 
by  appointment  until  the  next  annual  election. 

f  Sec.  39.  Directors  of  school  districts  shall  be  elected 
at  the  reguar  annual  school  election.  At  the  first  an-  f1ierc\tioninual 
nual  election  in  all  new  districts  three  directors  shall 
be  elected,  for  one,  two,  or  three  years,  respectively. 
No  person  shall  be  eligible  to  the  office  of  school  di-  Eligibility. 
rector  who  is  not  able  to  read  and  write  the  English 
language.  The  ballot  shall  specify  the  term  for  which 
each  is  to  be  elected.  In  all  districts  in  which  elections 
have  been  previously  held,  one  director  shall  be  elected 

♦This  provision  is  from  chapter  xli,  Laws  of  1901,  which  went  into  effect 
March  1,1901. 

t  This  provision  is  from  chapter  clxxvu,  which  went  into  effect  June  13,  1901. 


36 


CODE   OF   PUBLIC  INSTRUCTION. 


Take  office  ■ 
when. 


Vacancies. 


Employment 
of  teachers. 


Proviso. 


Enforcement 
of  rules. 


Provide 

materials. 


Purchases 
must  be  ap- 
proved by 
board. 


for  the  term  of  three  years,  and  if  any  vacancies  are  to 
be  filled,  a  sufficient  number  to  fill  them  for  the  unex- 
pired term  or  terms ;  and  the  ballot  shall  specify  the 
respective  term  for  which  each  director  is  to  be  elected. 
Directors-elect  shall  take  office  on  the  first  Monday  in 
June  next  succeeding  their  election,  and  as  soon  there- 
after as  practical  shall  meet  and  organize  by  selecting 
one  of  their  number  as  chairman,  and  they  shall  hold 
office  until  their  successors  are  qualified.  In  case  of 
vacancy  in  the  board  of  directors  from  any  cause,  the 
county  superintendent  shall  fill  such  vacancy  by  ap- 
pointment until  the  next  annual  election. 

Sec.  40.  (As  amended  by  Laws  of  1901).  Every  board 
of  directors,  unless  otherwise  specially  provided  by  law, 
shall  have  power,  a*nd  it  shall  be  their  duty — 

First.  To  employ,  and,  for  sufficient  cause,  to  dis- 
charge teachers,  mechanics  or  laborers,  and  to  fix,  alter, 
allow,  and  order  paid  their  salaries  and  compensation : 
Provided,  however,  That  no  board  of  directors  shall,  before 
the  first  Monday  in  June  hire  any  teacher  or  teachers 
whose  term  of  teaching  does  not  commence  prior  to  the 
first  Monday  in  August. 

Second.  To  enforce  the  rules  and  regulations  pre- 
scribed by  the  Superintendent  of  Public  Instruction 
and  the  State  Board  of  Education  for  the  government 
of  schools,  pupils  and  teachers,  and  to  enforce  the 
course  of  study  prescribed  by  the  State  Board  of  Edu- 
cation. 

*  Third.  To  provide  and  pay  for  materials  and  supplies 
as  may  be  necessary  for  the  schools  and  to  purchase  such 
school  furniture,  charts  or  other  apparatus  as  may  have 
the  written  approval  of  the  county  school  superintendent 
as  to  quality  and  price:  Provided,  That  such  purchases 
of  furniture,  charts  or  other  apparatus  shall  be  approved 
at  a  meeting  of  said  board  at  which  all  members  shall 
be  present. 

f  Third.  To  provide  and  pay  for  such  materials,  sup- 


*  This  provision  is  from  chapter  xli,  Laws  of  1901,  which  went  into  effect 
March  1,  1901. 

+  This  provision  is  from  chapter  clxxvii,  Laws  of  1901,  which  went  into  ef- 
fect June  13, 1901. 


CODE   OF  PUBLIC   INSTRUCTION.  37 

plies  and  libraries  as  may  be  necessary  for  the  schools,  ^nd  pay  for 
and  to  purchase  such  school  furniture,  charts  or  other  matenals> etc- 
apparatus   as   may  have  the   written   approval  of  the 
county  school  superintendent  as  to  quality  and  price : 
Provided,  That  all  such  purchases  of  furniture,  charts  Purchases 

1  #  must  be  made 

or  other  apparatus  shall  be  approved  at  a  meeting  of  ^oard 
said  board,  at  which  all  members  shall  be  present. 

Fourth.  To  rent,  repair,  furnish  and  insure  school  school  houses, 
houses. 

Fifth.  To  build  or  remove  school  houses,  purchase  or  Bunding  of 

J  '  i  and  removal. 

sell  lots  or  other  real  estate  when  directed  by  a  vote  of 
the  district  to  do  so:  Provided,  That  a  school  house 
already  built  shall  not  be  removed,  nor  a  new  site  for  a  Proviso, 
school  house  be  designated  except  when  directed  by  a 
two-thirds  vote  of  the  electors  of  such  district  at  an 
election  to  be  held  for  that  purpose  which  election  may 
be  a  special  or  general  school  election. 

Sixth.   To  purchase  personal  property  in  the  name  of  property. 
the  district,  and  to  receive,  lease  and  hold  for  their  dis- 
trict any  real  or  personal  property. 

Seventh.  To  suspend  or  expel  pupils  from  school  who  |ndPe^uision 
refuse  to  obey  the  rules  thereof,  and  may  exclude  from  ofi;>uPlls- 
school  all  children  under  six  years  of  age. 

Eighth.  To  provide  free  text  books  and  supplies  to  Textbooks. 
be  loaned  to  the  pupils  of  the  schools  when  directed  by 
a  vote  of  the  district  to  do  so,  and  if  not  so  directed  to 
provide  books  for  children  of  indigent  parents  on  the 
written  report  of  the  clerk  after  investigation  that  the 
parents  of  such  children  are  unable  to  purchase  the 
same. 

Ninth.  To  require   all  pupils  to   be  furnished  with  rehired01" 
such  books  as  may  have  been   adopted   by  the  State 
Board  of  Education  as  a  condition  to  membership  in 
the  schools. 

Tenth:  To  exclude  from  school  and  school  libraries  g^?0110' 
all  books,  tracts,  papers  and  other  publications  of  an  b00ks' 
immoral  or  pernicious  tendency  or  of  a  sectarian  or 
partisan  character. 

Eleventh.  To  authorize  the  school  room  to  be  used  for  rseof  school 

room  for  other 

summer  or  night  schools,  literary,  scientific,  religious,  purposes. 


38 


CODE   OF   PUBLIC  INSTRUCTION. 


Liable  for 
debts  of 
district. 


Non-resident 
attendance 
and  tuition. 


Make  by-laws. 


Meetings  of 
board. 


May  convey 
property. 


political,  mechanical  or  agricultural  societies,  under 
such  regulations  as  the  board  of  directors  may  adopt. 

Twelfth.  To  require  teachers  to  conform  to  the  pro- 
visions of  the  school  law. 

Sec.  41.  Any  board  of  directors  shall  be  liable  as 
directors  in  the  name  of  the  district  for  any  judgment 
against  the  district,  for  any  salary  due  any  teacher, 
and  for  any  debts  legally  due,  contracted  under  the 
provisions  of  this  act,  and  they  shall  pay  such  judg- 
ment or  liability  out  of  the  school  funds  to  the  credit 
of  the  district. 

Sec.  42.  (As  amended  by  H.  B.  472,  Laws  of  1899.) 
Any  board  of  directors  shall  have  power  to  make  ar- 
rangements with  adiilts  wishing  to  attend  school  or 
with  the  directors  of /another  district  for  the  attendance 
of  such  children  in  the  school  of  either  district  as  may 
be  best  accommodated  therein:  Provided,  That  in  case 
such  arrangements  are  not  made,  or  children  from 
school  districts  not  adjoining  desire  to  attend  school  in 
their  district,  they  may  charge  reasonable  tuition  for 
such  attendance :  Provided,  further,  That  all  moneys 
collected  by  any  school  district  officer  for  the  use  of  the 
district  shall,  within  thirty  days  after  the  date  of  its 
collection,  be  turned  over  to  the  county  treasurer  and 
placed  to  the  credit  of  the  district. 

Sec.  43.  Any  board  of  directors  shall  have  power  to 
make  such  by-laws  for  their  own  government,  and  the 
government  of  the  common  schools  under  their  charge, 
as  they  deem  expedient,  not  inconsistent  with  the  pro- 
visions of  this  act,  or  the  instructions  of  the  Superin- 
tendent of  Public  Instruction  or  the  State  Board  of 
Education.  A  regular  meeting  of  each  board  of  di- 
rectors shall  be  held  on  the  first  Saturday  of  February, 
May,  August  and  November.  They  may,  however, 
hold  such  other  special  or  adjourned  meetings  as  they 
may  from  time  to  time  determine,  or  as  may  be 
specified  in  their  by-laws. 

Sec.  44.  The  board  of  directors  of  each  school 
district  shall  'have  custody  of  all  school  property  be- 
longing to  the  district,  and  shall   have  power,  in  the 


CODE   OF  PUBLIC  INSTRUCTION.  39 

name  of  the  district  or  in  their  own  names  as  directors 

of  the  district,  to  convey  by  deed   all  the  interest  of 

their  district  in  or  to  any  school  house  or  lot  directed  to 

be  sold  by  vote  of  the  district,  and  all  conveyances  of 

real  estate   made   to  the   district,   or   to  the    directors 

thereof,  shall  be  made  to  the  board  of  directors  of  the 

district  and  to  their  successors  in  office ;  said  board,  in 

the  name  of  the  district,  shall  have  power  to  transact 

all   business    necessary   for  maintaining   schools    and 

protecting  the  rights  of  the  district;  and  it  shall  be 

the  duty   of  the  directors  of   every  school  district  to 

issue  and  sign  warrants,  as  such  directors,  for  the  pay-  sign  warrants. 

ment  of  all  demands  audited  and  allowed  against  their 

district,  and  to  sign,  execute  and  acknowledge,  as  such 

directors,  deeds  for  the  conveyance  of  all  real   estate  Execute  deeds. 

sold  by  them  as  in  this  section  provided. 

Sec.  45.  It  shall  be  unlawful  for  any  director  to  have  5|I?  K.5S2S: 

"  1 1 1 .1 1  ^    111  lei  GSL 

any  pecuniary  interest,  either  directly  or  indirectly,  in  in  contracts. 
any  erection  of  school  houses,  or  for  warming,  venti- 
lating, furnishing  or  repairing  the  same,  or  be  in  any 
manner  connected  with  the  furnishing  of  supplies  for 
the  maintenance  of  schools,  or  to  receive  or  accept  any 
compensation  or  reward  for  services  rendered  as  di- 
rector. 

Sec.  46.  It  shall  be  unlawful  for  any  board  of  direc-  Si,, 
tors  to  contract  indebtedness  against  their  district  in  e' 
any  one  year  in  any  sum  or  sums  exceeding  the  aggre- 
gate of  the  amount  due  to  said  district  during  the  year 
from  state  funds,  the  amount  of  special  tax  levied  for 
the  year  and  the  estimated  receipts  from  other  sources, 
unless  said  indebtedness  be  authorized  by  a  vote  of  the 
electors  of  said  district. 

Sec.  47.  Any  person  aggrieved  by  any  decision  or  jg  *°pei 
order  of  the  board  of  directors  may,  within  thirty  days  iatendent. 
after  the  rendition  of  the  decision  or  making  of  such 
order,  appeal  therefrom  to  the  county  superintendent 
of  the  proper  county ;  the  basis  of  such  proceedings 
shall  be  an  affidavit  filed  by  the  party  aggrieved  with 
the  county  superintendent  within  the  time  for  taking 
appeal.     The  affidavit  shall  set  forth  the  errors  com- 


40 


CODE   OF   PUBLIC  INSTRUCTION. 


Hearing  of 
appeal. 


Election  and 
term  of  office. 


Vacancy. 


Duties  of 
clerk. 


Keep  records. 


Preserve 
copies  of  all 
reports. 


plained  of  in  a  plain,  concise  manner.  The  county 
superintendent  shall,  within  five  days  after  the  filing 
of  such  affidavit  in  his  office,  notify  the  clerk  of  the 
proper  district,  in  writing,  of  the  taking  of  such  appeal, 
and  the  latter  shall,  within  ten  days  after  being  thus 
notified,  file  in  the  office  of  the  county  superintendent 
a  complete  transcript  of  the  record  and  proceeding  re- 
lating to  the  decision  complained  of,  which  shall  be 
certified  to  be  correct  by  the  clerk  of  the  district. 
After  the  filing  of  the  transcript  aforesaid  in  the  office, 
he  shall  notify  in  writing  all  persons  interested  of  the 
time  and  the  place  where  the  matter  of  the  appeal  will 
be  heard  by  him.  At  the  time  thus  fixed  for  the  hear- 
ing he  shall  hear  the  testimony  of  either  party,  and 
for  that  purpose  may  administer  oaths  if  necessary, 
and  he  shall  make  such  decision  as  may  be  just  and 
equitable,  which  shall  be  final  unless  appealed  from, 
as  provided  for  in  this  act. 

Chapter  7. — District  Clerk. 

Sec.  48.  (As  amended  by  H.  B.  472,  Laws  of  1899). 
A  district  clerk  shall  be  elected  in  each  district  at  each 
annual  election,  to  hold  office  for  one  year,  beginning 
on  the  first  Monday  in  August  next  succeeding  his 
election,  and  until  his  successor  is  elected  and  qualified. 
In  case  of  vacancy  in  the  office  of  district  clerk  from 
any  cause,  the  county  superintendent  shall  fill  such 
vacancy  by  appointment  until  the  next  annual  election. 

Sec.  49.  (As  amended  by  H.  B.  472,  Laws  of  1899). 
The   duties  of  the   district  clerk   shall  be  as  follows : 

First.  To  attend  all  meetings  of  the  board  of  direc- 
tors ;  but  if  he  shall  not  be  present  the  board  of 
directors  shall  select  one  of  their  number  to  act  as 
clerk,  who  shall  certify  the  proceedings  of  the  meet- 
ing to  the  clerk  of  the  district,  to  be  recorded  by 
him.  He  shall  keep  his  records  in  a  book  to  be 
furnished  by  the  board  of  (.".'rectors,  and  he  shall 
preserve  copies  of  all  reports  made  to  the  county  su- 
perintendent, and  safely  preserve  and  keep  all  books 
and  documents  belonging  to  his  office,  and  shall  turn 
the  same  over  to  his  successor. 


CODE   OF  PUBLIC   INSTRUCTION.  41 

Second.  To  keep  accurate  and  detailed  accounts  of 
all  receipts  and  expenditures  of  school  money.  At  each  booktor record 
annual  school  meeting  the  district  clerk  must  present  mspec 
his  record  book  for  public  inspection,  and  shall  make 
a  statement  of  the  financial  condition  of  the  district 
and  of  the  action  of  the  directors,  and  such  record 
must  always  be  open  for  public  inspection. 

Third.  To  take  annually,  in  June  of  each  year,  an  Take  census. 
exact  census  of  all  children  and  youth  between  the 
ages  of  five  and  twenty-one  years  who  were  bona  fide 
residents  of  the  district  on  the  first  day  of  June  of  that 
year;  and  he  shall  designate  the  number  of  weeks  each 
child  between  the  ages  of  six  and  twenty-one  years 
has  attended  school  during  the  school  year  ;  the  names 
and  sex  of  all  children  subject  to  enumeration,  together 
with  the  names  of  their  parents  or  guardians :  Pro- 
vided, That  Indian  children  not  living  under  the 
guardianship  of  white  persons,  or  who  have  not  sev- 
ered their  tribal  relations,  or  Mongolian  children  not 
native  born,  shall  not  be  included  in  said  census.  He 
shall  note  all  defective  youth  between  the  ages  of  five  Note  aud 

J  °  report  de- 

and  twenty-one  years;  and  he  shall,  on  or  before  the  fective youth. 
fifteenth  day  of  July,  make  to  the  county  superintend- 
ent a  full  and  complete  report  of  all  children  enumer- 
ated, together  with  a  complete  statistical  report  of  the 
affairs  of  his  district,  which  report  shall  be  verified 
by  affidavit.  Said  report  shall  be  made  upon  blanks 
to  be  furnished  by  the  Superintendent  of  Public  In- 
struction, and  shall  contain  such  items  of  information 
as  said  superintendent  shall  require,  including  the  fol- 
lowing: The  names  of  all   persons,  male  and   female,  Report  to 

&  L  '  '  contain. 

between  the  ages  of  five  and  twenty-one  }?ears,  residing 
in  the  district  on  the  first  day  of  June  last  past,  to- 
gether with  the  number  of  weeks  each  has  attended 
school  during  the  last  school  year;  the  names  and 
residences  of  the  p^renls  or  guardians  of  all  such  chil- 
dren;  the  number  of  schools  or  departments  taught 
during  the  year,  and  the  branches  taught ;  the  num- 
ber of  children,  male  and  female,  enrolled  in  school,  Enrollment, 
and    the    average    daily    attendance;    the    number    of 


42 


CODE   OF   PUBLIC  INSTRUCTION. 


Text  books 
used. 


Value  of 
furniture. 


Amount  of 
funds  raised. 


Account  of 
expenses 
incurred  by 
clerk. 


Give  notice  of 
meetings. 


Report  name 
of  teacher. 


Report  to 
county  treas- 
urer all  war- 
rants drawn. 


teachers  employed,  and  their  compensation  per  month  ; 
the  number  of  days  school  was  taught  during  the  past 
school  year,  and  by  whom ;  the  text-books  used,  and 
the  number  of  volumes,  if  any,  in  the  school  district 
library;  the  aggregate  amount  paid  teachers  during 
the  year ;  the  number  of  school  houses  in  the  district, 
and  the  value  of  them ;  the  aggregate  value  of  all 
school  furniture  and  apparatus  belonging  to  the  dis- 
trict; the  amount  raised  by  special  tax  during  the  year 
for  the  support  of  schools,  and  for  buildings,  sites  and 
furniture;  the  amount  raised  by  subscription,  or  by 
other  means  than  taxation ;  the  amount  of  bonded  in- 
debtedness of  the  district,  and  the  rate  of  interest  paid  ; 
the  amount  of  all  other  indebtedness,  and  such  other 
items  as  the  Superintendent  of  Public  Instruction  may 
deem  of  importance,  and  as  may  be  provided  for  in  the 
blanks  furnished  for  said  report,  and  the  clerk  shall 
keep  on  file  a  duplicate  copy  of  said  report. 

Fourth.  To  keep  an  accurate  account  of  all  expenses 
incurred  by  him  in  his  district  in  keeping  the  school 
house  in  repair,  in  providing  for  necessary  janitor 
work,  and  in  providing  school  supplies,  and  for  other 
expenses  incurred  by  him  on  account  of  the  school, 
which  accounts  must  be  audited  by  the  board  of  direc- 
tors, and  paid  out  of  the  district  school  fund. 

Fifth.  To  give  the  required  notice  of  all  annual  or 
special  elections ;  also,  to  give  notice  of  the  regular 
and  special  meetings  of  the  board  of  directors  as 
herein  authorized. 

Sixth.  To  report  to  the  county  superintendent  at  the 
beginning  of  each  term  of  school  the  name  of  the 
teacher  and  the  proposed  length  of  the  term,  and  to 
supply  the  teacher  with  the  school  register  furnished 
by  the  Superintendent  of  Public  Instruction. 

Seventh.  To  issue  and  countersign  all  warrants  or- 
dered to  be  issued  by  the  board  of  directors,  and  to 
report  to  the  county  treasurer  on  or  before  the  first 
Monday  of  each  calendar  month  all  the  warrants 
drawn  by  the  directors  of  his  district,  giving  date, 
number  and  fund  on  which  each   warrant    is    drawn. 


CODE   OP   PUBLIC  INSTRUCTION.  43 

Eighth.  To  report  to  the  county  superintendent  on 
or  before  the  first  day  of  December  of  each  year  the  attendance!011" 
name  and  residence  of  every  child  that  failed  to  at- 
tend school  as  required  by  law,  and  shall  submit,  at 
their  next  regular  meeting,  a  duplicate  of  said  report 
to  the  school  board  of  his  district 

Sec.  50.  The  district  clerk  shall  receive  three  dollars  compensation. 
per  day  for  the  time  actually  and  necessarily  spent  in 
taking  the  census  and  making  his  report,  and  he  shall 
receive  such  other  reasonable  compensation  for  other 
services  as  the  directors  shall  allow,  said  accounts  to 
be  audited  and  paid  by  the  directors  out  of  the  funds 
of  the  district:  Provided,  That  no  account  for  services 
rendered  by  any  district  clerk  shall  be  audited  or  al- 
lowed by  any  board  of  directors,  or  any  warrant  issued 
for  the  payment  of  any  such  accounts,  until  he  shall 
have  filed  with  the  board  of  directors  a  certificate  of  ^at  reports 
the  county  superintendent  of  his  county  that  all  re-  made. ee 
ports  required  by  law  have  been  properly  made  ;  and 
it  shall  be  the  duty  of  the  county  superintendent  to 
make  out  and  transmit  to  the  clerks  of  such  districts 
as  have  made  all  the  reports  as  required  by  law,  on  or 
before  the  last  Saturday  of  the  months  of  January, 
April.  July  and  October  of  each  year,  the  certificates 
required  by  this  section. 

Chapter  8.  —Teachers. 

Sec.  51.  No  person  shall  be  accounted  as  a  qualified  ^^teachere11" 
teacher,  within  the  meaning  of  the  school  law,  who  has 
not  first  received  a  certificate  issued  by  the  Superin- 
tendent of  Public  Instruction  ;  or  who  has  not  a  state 
certificate  or  life  diploma  from  the  state  board  of  edu- 
cation, or  who  has  not  a  temporary  certificate  or  a 
special  certificate  granted  by  the  county  superintendent 
according  to  law  :  Provided,  That  nothing  in  this  sec- 
tion shall  be  construed  as  invalidating  any  certificate 
in  force  at  the  time  of  its  passage,  but  the  same  shall 
remain  in  force  for  the  period  for  which  each  was  is- 
sued. 

Sec.  52.  Every  teacher   employed    in   any   common 


44 


CODE   OF  PUBLIC   INSTRUCTION. 


Report  of  con- 
tract to  teach. 


Report  at  close 
of  school  term 
or  year. 


City  superin- 
tendent or 
principal 
may  report. 


Must  keep 
register. 


Final  report. 


Enforce  course 
of  study. 


school  shall  make  a  report  to  the  county  superintend- 
ent at  the  time  of  the  contract  to  teach  such  school, 
showing  the  number  of  the  district  in  which  he  is  to 
teach,  the  grade  of  his  certificate,  date  it  expires,  and 
the  proposed  length  of  term,  and  at  the  close  of  any 
school  to  report  to  the  county  superintendent  on  the 
blanks  prescribed  by  the  Superintendent  of  Public  In- 
struction. Every  teacher  who  shall  be  teaching  at  the 
close  of  the  school  year,  or  who  shall  teach  the  last 
term  of  any  school  year,  in  any  school  district,  shall 
make  a  report  to  the  county  superintendent  immedi- 
ately upon  the  close  of  such  school  year  or  term,  for 
the  entire  time  taught  in  said  school  district  since  the 
beginning  of  the  school  year.  Copies  of  all  reports 
made  by  teachers  shall  be  furnished  to  the  clerk  of  the 
district,  to  be  by  him  filed  in  his  office.  No  board  of 
directors  shall  draw  any  order  or  warrant  for  the  salary 
of  any  teacher  for  the  last  month  of  his  service  until 
the  reports  herein  required  shall  have  been  made  and 
received :  Provided,  That  in  all  schools  acting  under 
the  direction  of  a  city  superintendent,  the  report  of 
such  superintendent  shall  be  accepted  by  the  county 
superintendent  and  the  directors  in  lieu  of  the  teacher's 
report,  and  that  when  there  is  no  city  superintendent, 
the  report  of  the  principal  shall  be  accepted  in  lieu  of 
the  teacher's  report. 

Sec.  53.  Every  teacher  shall  keep  a  school  register 
in  the  manner  provided  for,  and  no  board  of  directors 
shall  draw  any  warrant  for  the  salary  of  any  teacher 
for  the  last  month  of  his  service  in  the  school  at  the 
end  of  any  term  or  year,  until  they  shall  have  received 
a  certificate  from  the  district  clerk  that  the  said  register 
has  been  properly  kept,  the  summaries  made  and  the 
statistics  entered,  or  until,  by  personal  examination, 
they  shall  have  satisfied  themselves  that  it  has  been 
done. 

Sec.  54.  (As  amended  by  H.  B.  472,  Laws  of  1899). 
Teachers  shall  faithfully  enforce  in  the  schools  the 
course   of  study  and  regulations  prescribed,  and  shall 


CODE   OP  PUBLIC   INSTRUCTION.  45 

furnish  promptly  all  information  relating  to  the  schools 

which  may  be  requested  by  the  county  superintendent. 

Sec.  55.    No   teacher  shall  be  employed  except  bv  writtenrecord 

L      "  *■         "   of  employ- 

written  order  of  a  majority  of  the  directors  at  a  regular  ment- 

or  special  meeting  thereof,  nor  unless  the  holder  of  a 

legal  teacher's  certificate  in  full  force  and  effect  for  the 

full  period  covered  by  said  contract. 

Sec.  56.  (As  amended  by  H.  B.  472,  Laws  of  1899). 
No  teacher  shall  be  required  to  teach  school  on  Satur-  foiidays. 
(3 ays,  or  on  Thanksgiving  Day,  Christmas,  New  Year 
and  Fourth  of  July:  Provided,  That  if  the  foregoing 
holidays  fall  on  Sunday,  the  teacher  shall  not  be  re- 
quired to  teach  on  the  following  Monday,  and  no  de- 
duction from  the  teacher's  time  or  salary  shall  be  made 
by  reason  of  the  fact  that  a  school  day  happens  to  be 
one  of  the  days  referred  to  in  this  section  as  a  day  on 
which  school  shall  not  be  taught. 

Sec.  57.  Every  teacher  shall  have  the  power  to  hold  Ptpyiisuspend 
every  pupil  to  a  strict  accountability  in  school  for  any 
disorderly  conduct  on  the  way  to  and  from  school,  or  on 
the  grounds  of  the  school,  or  during  the  intermission 
or  recess;  to  suspend  from  school  any  pupil  for  good 
cause:  Provided,  That  such  suspension  shall  be  reported 
to  the  directors  as  soon  as  practicable  for  their  deci- 
sion. 

Sec.  58.  It  shall  be  the  duty  of  all  teachers  to  en-  Teach 

J  morality  and 

deavor  to  impress  on  the  minds  of  their  pupils  the  patriotism. 
principles  of  moralty,  truth,  justice,  temperance  and 
patriotism;  to  teach  them  to  avoid  idleness,  profanity 
and  falsehood;  to  instruct  them  in  the  principles  of 
free  government,  and  to  train  them  up  to  the  true 
comprehension  of  the  rights,  duty  and  dignity  of  Amer- 
ican citizenship. 

Chapter  9.— County  Treasurer. 
Sec.  59.  The  county  treasurers  of  the  several  counties  Treasurers 

of  school 

of  this  state  shall  be  ex  officio  treasurer  of  the  several  districts. 
school  districts  of  their  respective  counties,  and  it  shall 
be  the  duty  of  each  county  treasurer — 

First.  To  receive  and  hold  all  moneys  belonging  to 


46  CODE   OF   PUBLIC  INSTRUCTION. 

andpay out      such  school  districts,  and  to  pay  them  out  upon  war- 
school  funds.    rants  or  or(jers  0f  the  board  of  directors  of  the  districts 

to  which  they  belong. 
fuMs^ubject        Second.    To  certify  to  the  county  superintendent  of 

to  apportion-  i_        i         i;   1    •  j.         t     i       j2  e  1 

ment:  common  schools  oi  his  county,  July  first  of  each  year, 

and  quarterly  thereafter,  the  amount  of  all  school 
moneys  in  his  possession  subject  to  apportionment  on 
the  last  day  of  the  preceding  month,  which  certificate 
shall  specify  the  source  or  sources  from  which  said 
moneys  were  derived. 

annuaireport.  Third.  To  make  annually,  on  or  before  the  fifteenth 
day  of  July,  a  report  to  the  county  superintendent  of 
his  county,  which/  report  shall  show  the  amount  of 
school  funds  on  hand  at  the  beginning  of  the  school 
year  last  past  belonging  to  each  school  district;  the 
amount  of  funds  placed  to  the  credit  of  each  school 
district  during  the  school  year  ending  June  30,  last 
past,  and  the  sources  from  which  said  funds  were  de- 
rived ;  the  amount  of  funds  disbursed  upon  orders  or 
warrants  of  each  school  district  during  the  year,  and 
for  what  purpose  they  were  paid  out;  the  amount  of 
funds  remaining  in  his  possession  at  the  close  of  the 
school  year  subject  to  be  paid  out  upon  warrants  of 
school  district  officers,  and  the  fund  to  which  said 
moneys  belong ;  also  the  amount  of  all  unpaid  warrants 
or  bonds  appearing  upon  his  register  at  the  close  of  the 
school  year. 

warrants61"  Fourth  He  shall  keep  a  register  of  all  school  district 

warrants  presented  to  him  for  payment,  which  register 
shall  show  the  number  of  the  warrant,  the  date  of  issue 
and  the  date  on  which  it  was  registered,  the  amount 
and  the  purpose  for  which  it  was  issued,  to  whom 
issued  and  to  whom  paid,  and  the  amount  of  interest, 
if  any,  accruing  on  said  warrant  before  payment. 
Whenever  any  school  district  warrant  shall  be  pre- 
sented to  the  county  treasurer  for  payment,  if  properly 
signed,  he  shall  pay  the  same  out  of  the  proper  fund  of 
the  district  upon  which  it  is  issued,  if  there  be  funds 
in  his  possession  for  that  purpose ;  but  if  there  be  no 
funds  in  his  possession  for  that  purpose  he  shall  en- 


Endorsement 
on  warrants. 


CODE  OF   PUBLIC   INSTRUCTION. 

dorse  upon  the  back  of  said  warrant  the  words,  "  Pre- 
sented and  not  paid  for  want  of  funds,"  together  with 
the  date  of  said  endorsement,  and  thereafter  said  war- 
rant shall  draw  interest  at  the  same  rate  as  county 
warrants  until  there  shall  be  sufficient  funds  for  its 
payment ;  and  it  is  hereby  made  the  duty  of  the  county  ^|^ntsa11 
treasurer  to  advertise,  quarterly,  all  warrants  which  he 
is  prepared  to  pay,  in  the  same  way  in  which  he  is  re- 
quired to  advertise  county  warrants,  and  after  the  date 
fixed  in  said  notice  said  warrants  shall  cease  to  draw 
interest. 

Chapter  10.— General  Provisions  Relating  to  Officers. 

Sec.  60.  When  any  school  officer  is  superseded,  by  Shan  turnover 
election  or  otherwise,  he  shall  immediately  deliver  to 
his  successor  in  office  all  books,  papers  and  moneys 
pertaining  to  his  office. 

Sec.  61.  Every  person  elected  or  appointed  to  any^e°athot 
office  mentioned  in  this  act  shall,  before  entering  upon 
the  discharge  of  the  duties  thereof,  take  an  oath  or  af- 
firmation to  support  the  constitution  of  the  United 
States  and  the  State  of  Washington,  and  to  promote 
the  interest  of  education,  and  to  faithfully  discharge 
the  duties  of  his  office  according  to  the  best  of  his 
ability.  In  case  any  officer  has  a  written  appointment 
or  commission,  his  oath  or  affirmation  shall  be  endorsed 
thereon  and  sworn  to  before  any  officer  authorized  to 
administer  oaths.     School  officers  are  herebv  author-  Mayadmin- 

J  ister  oaths. 

ized  to  administer  all  oaths  or  affirmations  appertain- 
ing to  their  respective  offices  without  charge  or  fee. 
All  oaths  of  office  as  herein  provided  shall,  when  prop- 
erly made,  be  filed  with  the  county  superintendent  of 
schools. 

Sec.  62.  Everv  school  district  director  or  clerk  shall,  shaiiaie 

J  '  signature. 

on  assuming  the  duties  of  his  office,  place  his  signa- 
ture, certified  to  by  some  school  district  officer,  on  file 
in  the  office  of  county  treasurer ;  and  it  shall  be  un- 
lawful for  any  county  treasurer  to  pay  or  register  any 
school  district  warrant  if  the  signatures  are  not  on  file 


48 


CODE   OF  PUBLIC   INSTRUCTION. 


Authority  of 

officers 

validated. 


Common 

schools 

denned. 


Subjects  to 
be  taught. 


School  day. 


in  his  office  or  do  not  correspond  to  the  certified  signa- 
tures therein  filed. 

Sec.  63.  Nothing  in  this  act  shall  be  so  construed  as 
to  invalidate  the  authority  of  any  school  officer  ap- 
pointed or  elected  under  provisions  of  law  and  holding 
office  at  the  time  of  the  passage  of  this  act,  nor  of  any 
contract  in  full  force  and  effect  at  the  time  of  the  pass- 
age of  this  act. 

TITLE   III. —THE   COMMON   SCHOOL  SYSTEM. 
Chapter  1.— District  Schools. 

Sec.  64.  Common  schools  shall  include  all  district 
grades,  and  high  schjools  that  are  maintained  at  public 
expense  in  each  scliool  district  and  under  the  control 
of  boards  of  directors.  Every  common  school,  not 
otherwise  provided  for  by  law,  shall  be  open  to  the  ad- 
mission of  all  children  between  the  ages  of  six  and 
twenty-one  years  residing  in  that  school  district. 

Sec.  65.  All  common  schools  shall  be  taught  in  the 
English  language,  and  instruction  shall  be  given  in  the 
following  branches,  viz. :  Reading,  penmanship,  or- 
thography, written  arithmetic,  mental  arithmetic, 
geography,  English  grammar,  physiology  and  hygiene 
with  special  reference  to  the  effects  of  alcoholic  stimu- 
lants and  narcotics  on  the  human  system,  history  of 
the  United  States,  and  such  other  studies  as  may  be 
prescribed  by  the  state  board  of  education.  Attention 
must  be  given  during  the  entire  course  to  the  cultiva- 
tion of  manners,  to  the  laws  of  health,  physical  exercise, 
ventilation  and  temperature  of  the  school  room,  and 
not  less  than  ten  minutes  each  week  must  be  devoted 
to  the  systematic  teaching  of  kindness  to  not  only  our 
domestic  animals,  but  to  all  living  creatures. 

Sec.  66.  The  school  day  shall  be  six  hours  in  length, 
exclusive  of  an  intermission  at  noon,  but  any  board  of 
directors  may  fix  as  the  school  day  a  less  number  of 
hours  than  six:  Provided,  That  it  be  not  less  than  four 
hours  for  primary  schools  under  their  charge,  and  any 
teacher  may  dismiss  any  or  all  pupils  under  eight 
years  of  age  after  an  attendance  of  four  hours,  exclu- 


CODE   OF  PUBLIC  INSTRUCTION.  49 

sive  of  any  intermission  at  noon.     The  school  month  school  month. 
shall   be  construed   to  be  twenty  school  days,  or  four 
weeks  of  five  days  each. 

Sec.  67.  The  school  year  shall  begin  on  the  first  day  school  year. 
of  July  and  end  with  the  last  day  of  June. 

Sec.  68.  No  teacher,  pupil  or  janitor  shall   be  per-  contagious 

7    r     L  J  x#         diseases. 

mitted  to  attend  school  from  any  house  in  which 
smallpox,  varioloid,  scarlet  fever,  diphtheria  or  any 
other  contagious  or  infectious  diseases  are  prevalent. 
ISto  teacher,  pupil  or  janitor  shall  be  permitted  to  re- 
turn to  school  from  any  house  where  the  above  men- 
tioned diseases,  or  any  form  of  them,  have  prevailed, 
until  three  weeks  shall  have  elapsed  from  the  begin- 
ning of  convalescence  of  the  patient,  or  upon  the  cer- 
tificate of  a  registered  physician  in  good  standing  that 
there  is  no  danger  of  contagion.  In  case  of  whooping 
cough,  chicken  pox  and  measles,  certified  by  a  physi- 
cian to  be  not  of  a  malignant  character,  this  rule  shall 
not  apply  to  teachers,  pupils  or  janitors  who  have  had 
these  diseases  and  have  entirely  recovered  from  them. 

Sec.  69.  All    pupils  who    may   attend    the  common  Pupiisshaii 

x      x  ^  comply  with 

schools  shall  comply  with  the  regulations  established  regulations. 
in  pursuance  of  the  law  for  the  government  of  the 
schools,  shall  pursue  the  required  course  of  studies, 
and  shall  submit  to  the  authority  of  the  teachers  of 
such  schools.  Continued  and  willful  disobedience  or 
open  defiance  of  authority  of  the  teacher  shall  consti- 
tute good  cause  for  expulsion  from  school. 

Sec  70.  All  school  districts  in  this  state  shall  main-  %™&u£ 
tain  school  during  at   least  three  months  each  year. sch001  terirL 
All  graded  school  dictricts  in  incorporated  cities  and 
towns  shall  maintain  school  during  at  least  six  months 
each  year. 

Sec  71.  All  parents,  guardians  and  other  persons  in  ^^ndancein 
this  state  having  or  who  may  hereafter  have  immediate  rural  districts 
custody  of  any  child  or  children  between  the  ages  of 
eight  and  fifteen  years,  shall  send  the  same  to  school 
at  least  three  months  in  each  year :  Provided,  That  in  sehoroi^ed 
graded  school  districts  in  incorporated  cities  and  towns 


50 


CODE   OF  PUBLIC   INSTRUCTION. 


Incorporated 
towns. 


Shall  employ 
a  principal. 


Course  of 
study. 


such  children  shall  be  sent  to  school  at  least  six  months 
in  each  year. 

Chapter  2. —  Graded  and  High  Schools. 

Sec.  72.  (As  amended  by  H.  B.  237,  Laws  of  1899.) 
Each  incorporated  city  of  town  in  the  state  shall  be  com- 
prised in  one  school  district,  and  shall  be  under  the 
control  of  one  board  of  directors :  Provided,  That  noth- 
ing in  this  section  shall  be  so  construed  as  to  prevent 
the  extension  of  such  city  or  town  district  a  reasonable 
distance  beyond  the  limits  of  such  city  or  town :  And 
provided  further ,  That  nothing  in  this  section  shall  be  so 
construed  as  to  change  or  disturb  the  boundaries  of  any 
school  district  organised  prior  to  the  incorporation  of 
any  city  or  town,  except  in  cases  of  incorporation  of 
cities  or  towns  lying  partly  in  two  or  more  school  dis- 
tricts organized  prior  to  the  incorporation  of  such  city 
or  town,  or  the  extension  of  the  boundaries  of  cities  or 
towns  beyond  the  limits  of  the  school  districts  in  which 
they  are  situated,  or  in  cases  wrhere  two  or  more  cities 
or  towns  unite,  as  provided  by  law:  And  provided  fur- 
ther, That  the  fact  of  the  issuance  of  bonds  by  school 
districts,  heretofore  or  hereafter,  shall  not  prevent  the 
formation  of  new  school  districts,  whether  or  not  such 
bonds  have  been  redeemed,  cancelled,  or  paid  in  whole 
or  in  part;  and  shall  not  prevent  the  transfer  or  unit- 
ing with  another  school  district  of  a  portion  or  the 
whole  of  a  district  where  bonds  have  been  or  may  here- 
after be  issued. 

Sec.  73.  In  all  such  city  or  town  districts  where  the 
number  of  children  of  school  age  is  sufficient  to  require 
the  employment  of  more  than  one  teacher,  the  board  of 
directors  shall  designate  one  of  such  teachers  as  prin- 
cipal, and  such  principal  shall  have  general  supervi- 
sion over  the  several  departments  of  his  school.  The 
school  or  schools  in  such  city  or  town  districts  shall  be 
graded  in  such  a  manner  as  the  directors  thereof  shall 
deem  best  suited  to  the  wants  and  conditions  of  such 
districts  :  Provided,  That  the  course  of  study  established 
for  such  districts  shall  not  be  inconsistent  with  the 
laws  of  this  state. 


CODE   OF   PUBLIC   INSTRUCTION.  51 

Sec.  74.    The  directors  of  such  city  or  town  districts 
wherein  schools  are  maintained  in  two  or  more  build- fcuysu1per-y 
ings  shall  elect  one  city  or  town  superintendent,  who  m 
may  be  a  teacher  in  the  schools  of  such  district,  and  such 
city  or  town  school  superintendent  shall  have  general 
supervision  over  the  schools  of  his  district,  subject  to 
the  concurrence  of  the  board  of  directors ;  and  it  shall 
be  the  duty  of  the  principal  or  city  school  superintend-  fityTuperin- 
ent  to  report  to  the  Superintendent  of  Public  Instruc- tendent- 
tion  such  facts  relative  to  the  grading,  course  of  study, 
enrollment,  attendance  and  other  matters  pertaining  to 
such  schools  as  he  may  require,  on  blanks  furnished 
for  that  purpose. 

Chapter  3.— Cities  of  Ten  Thousand  or  More  Inhabitants. 

Sec.  75.  Whenever  any  incorporated  city  in  this 
state  shall  have  a  population  of  ten  thousand  or  more 
inhabitants,  as  shown  by  any  regular  or  special  census, 
together  with  any  adjacent  or  contiguous  territory  that 
now  is  or  may  be  hereafter  attached  to  said  city  for 
school  purposes,  it  shall  constitute  one  school  district 

and  be  known  by  the    name  " (name   of  city)  ^ri,et.clty 

school   district  No ,"  in  county,  State  of 

Washington,  and  the  board  of  directors  thereof  shall 
constitute  a  body  corporate  and  possess  all  the  usual  ^orbp°0dr^te 
powers  of  a  corporation  for  public  purposes,  and  in 
that  name  and  style  may  sue  and  be  sued,  purchase, 
hold,  and  sell  such  personal  and  real  estate,  and  enter 
into  such  obligations  as  are  authorized  by  law  ;  and 
the  title  to  all  school  buildings  or  other  property,  real 
or  personal,  owned  by  any  school  district  within  the 
corporate  limits  of  any  city  shall,  upon  the  organiza- 
tion of  a  district  under  the  provisions  of  this  act,  vest 
immediately  in  the  new  district,  and  the  board  of  di- 
rectors by  this  act  provided,  shall  have  exclusive  control 
of  the  same  for  all  the  purposes  herein  contemplated. 

Sec.  76.  The  said  board  of  directors  shall  consist  of  Board  of  eve 

members. 

five  members,  who  shall  be  elected  by  ballot  by  the 
qualified  electors  of  the  district,  and  shall  hold  their 
offices   for  a  term  of  three  years,  and  until  their  sue- 


52  CODE   OF   PUBLIC  INSTRUCTION. 

cessors  are  elected  and  qualified :  Provided,  That  the 
members  of  the  board  of  directors  in  any  city  to  which 
the  provisions  of  this  act  apply,  shall  serve  out  the  time 
for  which  they  were  elected :  Provided  further,  That  at 

members.  the  nrst  election  of  members  subsequent  to  the  passage 
of  this  act,  it  shall  be  so  arranged  by  the  members- 
elect  drawing  lots,  that  the  term  of  two  members  shall 
expire  in  one  year,  the  term  of  two  members  shall  ex- 
pire in  two  years,  and  the  term  of  one  member  shall 
expire  in  three  years  after  the  said  first  election. 

Section  Sec-  77*  Tne  regular  district  election  shall  be  held 

annually  in  each  district  contemplated  by  this  chapter 
on  the  first  Saturday  of\  November.  The  board  of  di- 
rectors shall  cause  written  or  printed  notices  to  be 
posted,  specifying  the  day  and  the  places  of  such  elec- 
tion, and  the  time  during  which  the  ballot  box  shall 
be  kept  open  ;  not  less,  however,  than  six  (6)  hours. 
Said  notices  shall  be  posted  in  at  least  one  place  in 

Notices  posted  each  ward  in  the  district  at  least  twentv  (20)  davs  pre- 

twenty  days.  .  J    v  J      r 

vious  to  the  time  of  election.  Said  notices  shall  also 
be  published  for  the  same  length  of  time  in  two  daily 
papers  published  in  the  district,  and  if  there  be  no 
daily  or  dailies,  then  in  the  weekly  paper  or  papers  in 
three  (3)  regular  issues  next  preceding  the  day  of  such 
election.  If  the  board  of  directors  fail  to  give  notice 
at  such  time,  as  herein  provided,  then  any  five  (5) 
legal  voters  residing  in  the  district  may  give  such  no- 
tice over  their  own  names,  and  such  election  may  be 
held  after  the  day  fixed  by  this  act  for  such  election. 
All  elections  shall  be  by  ballot,  and  in  the  absence  of 

staff beopen.  any  n°tice  specifying  the  hour,  the  ballot  box  shall  be 

open  at  1  o'clock  p.  m.  and  be  closed  at  8  o'clock  p.  m. 

Sec.  78.  (As  amended  by  H.  B.  472,  Laws  of  1899). 

pro^ideTOtiS1  ^ne  board  of  directors  shall,  at  a  regular  meeting,  pro- 
vide not  more  than  two  voting  places  in  each  ward  of 
the  city,  and  appoint  judges  and  clerks  of  election,  who 
shall  observe  and  cause  to  be  observed  at  such  election 
all  the  election  laws  of  the  state  applicable  thereto  not 
otherwise  provided  for :  Provided,  That  only  those  per- 
sons, male   and  female,  who  have  complied  with  the 


CODE   OF  PUBLIC  INSTRUCTION.  53 

laws  governing  registration  in  cities  of  the  class  for 
which  this  section  provides,  shall  be  permitted  to  vote, 
and  that  no  person  shall  be  permitted  to  vote  at  said 
election  except  in  the  ward  in  which  he  or  she  resides. 
In  cities  of  ten  thousand  (10,000)  or  more  inhabitants, 
books  of  registration  shall  be  open  for  the  purpose  of 
registration  at  not  more  than  two  convenient  places  in 
the  district  to  be  designated  by  the  board  of  directors, 
on  each  day  between  the  hours  of  9  o'clock  a.  m.  and  4 
o'clock  p.  m.  of  each  day,  except  legal  holidays,  and  they 
shall  be  closed  and  no  names  shall  be  registered  therein 
during  the  five  days  preceding  any  special  election,  and 
during  the  ten  days  preceding  any  general  election  held 
in  such  district,  except  only  on  the  last  day,  not  Sun- 
day or  a  legal  holiday,  preceding  the  day  of  said  elec- 
tion, said  books  shall  again  be  opened  during  the  hours 
specified  for  the  purpose  of  further  registration.  The 
secretary  of  the  board  shall  give  notice  of  the  closing 
of  the  books  of  registration  in  his  district  by  a  notice 
published  in  a  newspaper  of  general  circulation,  pub- 
lished in  his  district,  at  least  ten  days  before  the  day 
for  first  closing  of  said  books :  Provided,  however,  That 
any  elector  of  said  district  who  has  duly  registered  as 
a  voter  at  any  general  election  in  said  district  shall  be 
allowed  to  vote  at  the  next  succeeding  school  election 
held  in  the  same  year  without  registration.  Should 
any  of  the  judges  be  absent  at  the  opening  of  the  polls, 
the  electors  present  shall  appoint  a  legal  voter,  who, 
upon  taking  oath,  shall  be  qualified  to  fill  the  vacancy. 
Sec.  79.  The  board  of  directors  shall,  upon  closing 
the  polls,  receive  the  returns  at  the  time  and  the  place 
it  shall  direct,  and  shall,  within  five  (5)  days  from 
said  election,  meet  as  a  canvassing  board,  and  in  the 
presence  of  any  duly  qualified  justice  of  the  peace  in 
and  for  said  county,  canvass  the  returns  and  ascertain 
the  result.  The  result  of  said  election  shall  be  certified 
by  the  board  of  directors  to  the  county  school  superin- 
tendent, who   shall   preserve  said  certificate,  entering  county  super- 

r  «  mtendent  to 

upon  his  records  the  receipt  of  said  certificate  and  the  ^terd certili" 
names  of  the  person  or  persons  elected  as  members  of 


Directors  to 
canvass  and 
announce 


54  CODE  OF   PUBLIC  INSTRUCTION. 

such  board  of  directors  for  said  district,  together  with 
the  terms  for  which  elected. 

takeCoath shaU  Sec.  80.  All  persons  elected  as  members  of  the  board 
of  directors  shall,  within  ten  (10)  days  thereafter,  ap- 
pear before  an  officer  authorized  to  administer  oaths, 
take  and  subscribe  the  usual  oath  of  office,  and  deliver 
the  same  to  the  county  superintendent  of  schools.  In 
case  any  person  elected  shall  fail  so  to  do,  his  election 
shall  be  void,  and  the  vacancy  occasioned  thereby  shall 
be  filled  by  the  board  as  hereinafter  provided.     The 

Term  of  office,  term  of  office  of  persons  so  selected  shall  begin  on  the 
first  Saturday  of  the  mpnth  following  their  election, 
when  the  members  of  the  board  of  directors  shall  elect 
a  president  and  a  vice  president  from  among  their 
number,  who  shall  serve  for  a  term  of  one  year  or  until 
their  successors  are  elected  and  qualified.     They  shall 

^1cretary0f  elect  annually  a  secretary,  at  such  salary  as  they,  the 
board,  may  deem  just.  Said  secretary  shall  not  be  a 
member  of  the  board  of  directors,  and  may  be  removed 
by  the  board  at  any  time. 

^otin?PvnytP  Sec.  81.  The  election  of  the  officers  of  the  board  of 
directors,  the  city  superintendent,  the  secretary,  teach- 
ers and  janitors  shall  be  by  viva  voce  vote  upon  a  call 
of  the  roll  of  all  the  members,  and  no  person  shall  be 
declared  elected  unless  he  receives  a  majority  vote  of 
all  the  members  of  the  board. 

Dre^dent  ^ec.  ^2-    ^    shall  be    the  duty   of    the  president  to 

preside  at  all  meetings  of  the  board,  and  to  perform 
such  other  duties  as  the  board  may  prescribe. 

Duty  of  vice         SEC.  83.  It  shall  be  the  duty  of  the  vice  president  to 

president.  ° 

perform  all  the  duties  of   president  in  case   of  his  ab- 
sence or  disability, 
secretar  Sec.  84.  It  shall  be  the  duty  of  the  secretary  to  be 

present  at  all  the  meetings  of  the  board,  to  keep  an  accu- 
rate journal  of  the  proceedings,  to  take  charge  of  its 
books  and  documents,  to  countersign  all  warrants  for 
school  moneys  drawn  upon  the  county  treasurer  by 
order  of  the  board  ;  he  may  be  authorized  by  the  board 
of  directors  to  purchase  needed  supplies  for  the  schools, 
and  shall  also  act  as  superintendent  of  buildings,  and 


CODE   OF  PUBLIC  INSTRUCTION.  55 

shall  be  charged  with  the  special  care  of  the  school 
buildings  of  the  district;  he  shall  also  perform  such 
other  duties  as  the  board  may  direct. 

Sec.  85.  Before  entering  upon  the  discharge  of  his  ggjg  &ive 
duties,  the  secretary  of  the  board  shall  give  bonds  in 
such  sum  as  the  board  of  directors  may  fix  from  time  to 
time,  but  for  not  less  than  five  thousand  dollars  ($5,000), 
with  good  and  sufficient  sureties,  and  shall  take  and 
subscribe  an  oath  or  affirmation,  before  a  proper  officer 
that  he  will  support  the  constitution  of  Washington 
and  faithfully   perform  the   duties  of    his  office.     He 
shall,  from  time  to  time,  as  he  may  be  required  by  the  fuPaerinteQd 
board,  make  a  complete  and  detailed  record  of  his  trans-  bulldin^s- 
actions  as  purchasing  agent  of  the  board  and  as  super- 
intendent of  buildings,  which  shall  be  combined  with 
his  annual  report,  to  be  published  in  the  manner  deter- 
mined by  the  board. 

Sec.  86.  The  regular  meetings  of  the  board  of  direct-  K0nagrsdof 
ors  shall  be  held  monthly  at  such  a  time  as  the  by-laws 
of  the  board  may  prescribe,  but  special  meetings  may 
be  held  from  time  to  time  as  circumstances  may  de- 
mand, at  the  call  of  the  president  or  on  petition  of  a 
majority  of  the  members  of  the  board,  and  all  meetings 
shall  be  open  to  the  public  unless  otherwise  specially 
ordered. 

Sec.  87.   The  board  of  directors  shall  maintain  an  °h"cbe0ard 
office  were  all  regular  meetings  shall  be  held,  and  all 
records,  vouchers  and  other  important  papers  belong- 
ing to  the  board  may  be  preserved,  and  at  all  times  be 
ready  for  inspection  of  resident  taxpayers. 

Sec.  88.  The  county  treasurer  shall  be  the  ex  officio  SSSSersiiaii 
treasurer  of  the  board  of  directors;  he  shall  prepare  MSt61 
and  submit  to  the  secretary,  in  writing,  on  the  first  day 
of  January,  April,  July  and  October  of  each  year,  a  re- 
port of  the  state  of  the  finances,  and  shall  pay  school 
moneys  placed  to  the  credit  of  the  district  only  upon 
warrants  signed  by  the  president  or  by  a  majority  of 
the  board  of  directors  and  countersigned  by  the  secre- 
tary. 

Sec.  89.  The  board  of  directors  shall  have  the  power 


56 


CODE   OF   PUBLIC   INSTRUCTION. 


Vacancies  in 
the  board. 


Quorum. 


Forfeiture 
of  office. 


Auditing 
committee 


County  super- 
intendent 
to  examine 
accounts  and 
report  to 
county  com- 
missioners. 


Powers  and 
duties. 


To  employ 
a  superin- 
tendent. 


To  enforce 
rules  and 
adopt 
text-books. 


to  fill,  by  election,  any  vacancy  which  may  occur  in  its 
body,  but  the  election  to  fill  such  vacancy  shall  be 
valid  only  until  the  next  regular  district  election,  and 
the  ballots  and  returns  shall  be  designated  as  follows : 
"To  fill  unexpired  term." 

Sec.  90.  A  majority  of  all  members  of  the  board  of 
directors  shall  contstitue  a  quorum,  but  a  less  number 
in  attendance  at  any  regular  meeting  shall  have,  and  a 
quorum  at  any  special  meeting  may  have,  power  to 
compel  the  attendance  of  absent  members,  in  such 
manner  and  under  such  penalties  as  the  board  may  see 
fit  to  prescribe;  and  the  absence  of  any  member  from 
four  consecutive  regular  meetings  of  the  board,  unless 
on  account  of  sickness  or  by  resolution  of  the  board, 
shall  vacate  his  position  in  the  board,  which  fact  shall 
be  passed  upon  by  the  board  of  directors  and  spread 
upon  their  records. 

"Sec.  91.  AH  accounts  shall  be  audited  by  a  commit- 
tee, to  be  styled  the  "auditing  committee,"  and  no  ex- 
penditure greater  than  two  hundred  dollars  ( $200 ) 
shall  be  voted  by  the  board  except  in  accordance  with 
a  written  contract,  nor  shall  any  money  or  appropria- 
tion be  paid  out  of  the  school  fund  except  on  a  recorded 
affirmative  vote  of  a  majority  of  all  members  of  the 
board ;  and  the  accounts  and  the  records  of  said  board 
shall  at  all  times  be  subject  to  the  inspection  and  exam- 
ination of  the  county  superintendent  of  said  county, 
whose  duty  it  shall  be,  annually,  to  examine  said  rec- 
ords and  check  said  accounts,  and  report  in  writing  to 
the  board  of  county  commissioners  of  said  county  the 
nature  and  state  of  said  accounts,  and  any  facts  that 
may  be  required  concerning  said  records. 

Sec.  92.  Every  board  of  directors  shall  have  the 
power,  and  it  shall  be  their  duty — 

First.  To  employ  a  city  superintendent  of  schools  of 
the  district,  and  for  cause  to  dismiss  him  ;  and  to  fix 
his  duties  and  compensation. 

Second.  To  enforce  the  rules  and  general  regulations 
of  the  Superintendent  of  Public  Instruction,  and  the 
State  Board  of  Education;  to  prescribe  the  course  of 


CODE   OF  PUBLIC  INSTRUCTION.  57 

study,  the  exercises,  and  the  kind  of  text-books  to  be 
used  in  addition  to  the  text-books  prescribed  by  the 
State  Board  of  Education  for  the  use  of  the  common 
schools  of  this  state :  Provided,  That  after  the  adoption 
of  any  text-book,  it  shall  not  be  changed  in  less  than 
five  (5)  years,  unless  the  price  thereof  shall  be  unwar- 
rantably advanced,  or  the  mechanical  quality  lowered, 
or  the  supply  stopped. 

Third.  To  provide  for  school  furniture  and  for  every-  T°  provide 

r  "      supplies. 

thing  needed  in  the  school  houses. 

Fourth.  To  make  necessary  by-laws  for  more  effect-  Jy-ilfws* 
ively  carrying  out  the  provisions   of  this  act,  and  for 
facilitating  the  work  of  the  board,  as  required  bylaw. 

Fifth.  To  adopt  and  enforce  such  rules  and  regula-  gradesamf 
tions  as  may  be  deemed  essential  to  the  well  being  of 
the  schools,  and  to  establish  and  maintain  such  grades 
and  departments,  including  night,  high,  kindergarten, 
manual  training  and  industrial  schools  as  shall,  in  the 
judgment  of  the  board,  best  promote  the  interests  of 
education  in  that  district. 

Sixth.  To  suspend  and  expel  pupils  from  school  who  To  suspend 
refuse  to  obey  the  rules  thereof. 

Seventh.     To    employ,    and,    for    cause,    to    dismiss,  Toempioy 

r      J  '  '  '  '  teachers,  and 

teachers,  janitors  or  other  employes;  to  determine  the  openSgana 
length  of  time  over  and  above  eight  (8)  months  that  scnooil°f 
school  shall  be  maintained ;  to  fix  the  time  for  annual 
opening  and  closing  of  schools,  and  for  the  daily  dis- 
missal of  primary  pupils  before  the  regular  time  for 
closing  schools. 

Eighth.  To  provide  free  text-books  and  supplies  for  T°<£rsovide 
all  children  attending  school,  when  so  ordered  by  a 
vote  of  the  electors ;  or  if  free  text-books  are  not  voted 
by  the  electors,  to  provide  books  for  children  of  indigent 
parents,  on  the  written  statement  of  the  city  superin- 
tendent that  the  parents  of  such  children  are  not  able 
to  purchase  them. 

Ninth.  To  require  successful  vaccination  as  a  condi-  To  require 

t-  vaccination. 

tion   of  school  membership  and  to  provide  free  vac- 
cination to  all  who  are  unable  to  pay  for  the  same. 
Tenth.  To  make,  as  soon  as  possible  after  the  close 


58  CODE   OF   PUBLIC  INSTRUCTION. 

animaireport.  °^  the  sch°0i  year,  an  annual  printed   report  to  the 
taxpayers  of  the  district,  showing  in  detail  the  receipts 
and  disbursements  of  the  school  funds, 
census.  Sec.  93.  The  board  of  directors  shall  annually  cause 

to  be  taken  an  enumeration  of  all  persons  between  the 
ages  of  five  and  twenty-one  years  residing  in  the  dis- 
trict, and  shall  report  the  same,  together  with  such  in- 
formation as  required  by  the  general  school  laws  of 
Washington,  to  the  county  superintendent  of  schools, 
at  the  time  and  in  the  manner  specified  by  law  for  like 
returns  in  other  districts.  The  census  shall  be  taken 
by  the  secretary  and  such  enumerators  as  he  shall  se- 
lect, subject  to  the  approval  of  the  board  or  its  proper 
committee.  The  enurherators  shall  receive  such  com- 
of°enmnertlon  pensation  as  the  board  may  deem  just.  Each  enumer- 
ators'  ator  shall  verify  by  oath  the  correctness  of  his  report 

oath  of.  in  the  same  manner  as  by  law  required  of  the  district 

clerk. 
Directors snaii      Sec.  94.  It  shall  be  unlawful  for  any  member  of  the 

have  no  pecu-  ^ 

niary  interest   board  of  directors,  or  any  of  its  officers,  to  have  any 

in  contracts.  '  J  J 

pecuniary  interest,  either  directly  or  indirectly,  in  any 
contract  for  the  erection  of  school  houses,  or  for  warm- 
ing, ventilating,  furnishing  or  repairing  the  same,  or 
in  the  furnishing  of  supplies  for  the  maintenance  of 
the  schools,  or  to  receive  or  to  accept  any  compensation 
for  services  performed  in  discharging  the  duties  of  his 
office, 
sale  of  school       Sec.  95.  No  school  property  of  any  kind  shall  be  sold 

property. 

by  the  board  of  directors  without  the  consent  of  the 
district  being  first  obtained,  except  it  be  personal  prop- 
erty, the  value  of  which  shall  not  exceed  five  hundred 
dollars  ($500). 
Purchase  of  Sec.  96.  In  all  districts  contemplated  by  this  chap- 

supplies  in  the  x  "  ■"■ 

sum  of  ^200  by  ter  when,  in  the  opinion  of  the  board,  the  cost  of  any 

advertise-  »  »  i  «/ 

lot  of  furniture,  stationery,  apparatus,  fuel,  building  or 
improvements,  or  repairs  to  the  same,  will  equal  or 
exceed  the  sum  of  two  hundred  dollars  ($200),  it  shall 
be  the  duty  of  the  board  to  give  due  notice  by  publi- 
cation in  at  least  one  daily  newspaper  published  within 
said  City,  and  if  there  be  no  daily,  then  in  one  or  more 


CODE   OF   PUBLIC  INSTRUCTION.  59 

weekly  papers  in  three  (3)  regular  consecutive  issues, 
of  the  intention  to  receive  bids  for  such  lots  of  furni- 
ture, stationery,  fuel  and  other  supplies,  or  for  said 
improvements  and  repairs.  The  board  shall  deter- 
mine the  specifications  for  such  bids,  which  shall  be 
public. 

Sec.  97.  (As  amended  by  H.  B.  472,  Laws  of  1899). 
The  board  of  directors  shall  annually,  at  a  meeting  4xnievy. 
next  preceding  the  annual  tax  levy  for  state  and 
county  purposes,  report  to  the  board  of  county  com- 
missioners an  estimate  of  the  amount  of  funds  in  ad- 
dition to  estimated  receipts  from  the  state  tax  required 
for  the  support  of  the  schools,  for  the  purchase  of 
school  sites,  the  erection  and  furnishing  of  school 
buildings,  the  payment  of  interest  upon  all  bonds 
issued  for  school  purposes,  and  the  creation  of  a  sink- 
ing fund  for  the  payment  of  such  indebtedness,  if  any, 
and  the  county  commissioners  are  hereby  authorized 
and  required  to  levy  and  collect  said  additional  amount 
the  same  as  other  taxes :  Provided,  That  in  case  the  ^fthouTvote 
purchase  of  school  sites  and  the  erection  of  buildings 
shall  require  an  expenditure  exceeding  fifty  thousand 
dollars  ($50,000  for  any  one  current  school  year,  the 
question  shall  be  submitted  to  a  vote  of  the  electors  of 
the  district,  at  the  time  and  places  the  board  of  direc- 
tors may  appoint.  The  board  of  directors  shall,  pre- 
vious to  such  election,  designate  in  at  least  one  daily 
paper  published  in  the  district,  if  there  be  one,  if  not 
then  in  such  weekly  papers  as  may  be  selected  by  the 
board,  the  place  or  places  where  such  an  election  shall 
be  held,  the  locality  of  the  site  or  sites  required,  and 
the  proposed  cost  of  the  buildings  to  be  erected  thereon  : 
Provided,  That  the  board  of  directors  of  any  school  dis-  May  condemn 
trict  of  this  state  may  proceed  to  condemn  and  appro- 
priate sufficient  land  for  a  school  house  site  not  to 
exceed  owe  acre  in  extent;  such  condemnation  pro- 
ceedings shall  be  in  accordance  with  the  laws  of  this 
state  providing  for  appropriating  private  property  for 
public  use. 

Sec.  98.  The  aggregate  tax  for  school  purposes   in 


60 


CODE   OF   PUBLIC  INSTRUCTION. 


Limit  of 
tax  levy. 


Time  of 
holding. 


May  be  held. 


Length  of 

session. 


Teachers 
paid  during 
institute. 


Examination 
fees  paid  into 
the  institute 
fund. 


cities  of  ten  thousand  or  more  inhabitants  shall  in  no 
one  year  exceed  one  per  cent,  upon  all  the  taxable 
property  of  the  district. 

Chapter  4.—  County  Institutes. 

Sec.  99.  (As  amended  by  H.  B.  472,  Laws  of  1899). 
Whenever  the  number  of  school  districts  in  any  county 
is  twenty-five  or  more,  the  county  superintendent  must 
hold  a  teachers'  institute  each  year,  and  every  teacher 
holding  a  valid  certificate  employed  in  a  common  school 
in  the  county  must  attend  such  institute  during  its 
whole  time.  County  superintendents  of  contiguous 
counties  may  by  mutual  arrangements  hold  a  joint  in- 
stitute, the  expenses  to/  be  shared  in  proportion  to  the 
departments  maintained  in  the  counties  as  shown  by 
the  county  superintendent's  last  annual  reports.  The 
work  of  the  institute  shall  be  in  conformity  to  a  sylla- 
bus prepared  by  the  State  Superintendent  and  a  com- 
mittee of  three  county  superintendents  appointed  by 
him,  for  at  least  one-half  of  the  program,  the  remaining 
part  to  be  supplied  by  the  county  superintendent  of 
each  county  where  institute  is  held. 

Sec.  100.  In  any  county  where  there  are  less  than 
twenty-five  school  districts,  the  county  superintendent 
may,  in  his  discretion,  hold  an  institute. 

Sec.  101.  (As  amended  by  H.  B.  472,  Laws  of  1899). 
Each  session  of  the  institute  must  continue  not  less 
than  five  days. 

Sec.  102.  (As  amended  by  H.  B.  472,  Laws  of  1899). 
When  the  institute  is  held  during  the  time  when  a 
teacher  is  employed  in  teaching,  his  pay  shall  not  be 
diminished  by  reason  of  his  attendance,  when  certified 
to  by  the  county  superintendent,  and  in  addition  to  the 
actual  attendance  earned  by  the  district,  an  additional 
attendance  shall  be  accredited  to  the  district,  deter- 
mined by  multiplying  the  average  daily  attendance  for 
the  term  by  the  number  of  days  the  teacher  attended 
the  institute. 

Sec  103.  All  examination  fees  shall  be  paid  by  the 
county  superintendent  to  the   county   treasurer,   who 


CODE   OF   PUBLIC   INSTRUCTION.  61 

shall  place  it  to  the  credit  of  an  institute  fund  hereby 
created. 

Sec.  104.  The  county  superintendent  must  keep  an  KuXcS 
accurate  account  of  the  actual  expenses  of  the  institute.  m 
with  vouchers  for  the  same,  and  present  the  bill  to  the 
county  commissioners,  who  shall  allow  the  same :  Pro- 
vided, That  such  amount  shall  not  exceed  in  any  year 
the  sum  of  two  hundred  dollars  in  excess  of  the  amount 
received  as  examination  fees. 

Chapter  5. —  Text-Books, 
article  1. — adoption  of  books. 
Sec.  105.  (As  amended  by  chapter  clxxvii,  Laws  of  f^EdiSation 
1901).     For  the  purposes  of  adopting  text-books  and  ^^X181 
prescribing  courses  of  study  for  the  use  of  the  common 
and  graded  schools  of  the  state,  the  State  Board  of  Edu- 
cation shall  consist  of  the  state  superintendent,  the  four 
appointed  members  and  the  six  city  superintendents  of 
of  the  six  largest  cities  of  the  state. 

ARTICLE   II. — FREE   TEXTBOOKS. 

Sec.  106.  (As  amended  by  chapter  clxxvii,  Laws  of 
of  1901).     Before  the  first  of  September,  1902  the  school  f^f^ks 
district  officers  of  the  various  schools  in  the  state  may  -when- 
provide  all   text-books  necessary  for  carrying  on  the 
school  work. 

Sec.  107.  (As  amended  by  chapter  clxxvii,  Laws  of 
1901).  At  the  time  fixed  by  law  in  the  year  1901  for  fe^°raltax 
the  levy  of  a  special  school  tax  the  officers  of  the  various 
school  districts  of  the  state  may  levy  a  special  tax  suffi- 
cient to  carry  into  effect  the  provisions  of  section  106 
of  this  act :  Provided,  That  said  district  boards  may  ac-  Proviso, 
quire  by  purchase  or  gift  the  books  in  use  by  the  pupils 
of  said  schools. 

Sec.  108.  (As  amended  by  chapter  clxxvii,  Laws  of 
1901).    It  shall  be  the  duty  of  the  board  of  directors  to  Rooks' eare 
adopt  such  rules  and  regulations  as  may  be  necessary 
for  the  care  and  use  of  text-books. 

Chapter  6.— School  Revenues. 

Sec.  109.  The  principal  of  the  common  school  fund  fc0hu0roi6funds 
shall  remain  irreducible  and  permanent.    The  said  fund 


62  CODE  OF  PUBLIC  INSTRUCTION. 

shall  be  derived  from  the  following  sources,  to-wit: 
Appropriations  and  donations  by  the  state  to  this 
fund;  donations  and  bequests  by  individuals  to  the 
state  or  common  school;  the  proceeds  of  land  or  other 
property  which  revert  to  the  state  by  escheat  and  for- 
feiture ;  the  proceeds  of  all  property  granted  to  the 
state,  when  the  purpose  of  the  grant  is  not  specified  or 
is  uncertain  ;  funds  accumulated  in  the  treasury  of  the 
state  for  the  disbursements  of  which  provision  has  not 
been  made  by  law ;  the  proceeds  of  the  sale  of  timber, 
stone,  minerals  or  other  property  from  school  and  state 
lands  other  than  those  granted  for  specific  purposes, 
and  all  moneys  other  than  rental  recovered  from  per- 
sons trespassing  on  said  lands;  five  per  centum  of  the 
proceeds  of  the  sale  of  public  lands  lying  within  the 
state,  which  shall  be  sold  by  the  United  States  subse- 
quent to  the  admission  of  the  state  into  the  union,  as 
approved  by  section  fifteen  (15)  of  the  act  of  Congress 
enabling  the  admission  of  the  state  into  the  union  ; 
the  principal  of  all  funds  arising  from  the  sale  of  lands 
and  other  property  which  have  been  and  hereafter  may 
be  granted  to  the  state  for  the  support  of  the  common 
schools,  and  such  other  funds  as  may  be  provided  by 
legislative  enactment. 
Revenue  to  be       gEC>  no.  The  interest  accruing  on    said    fund,  to- 

exclusively  for  ° 

current  use.  gether  with  rentals  and  other  revenues  derived  from 
lands  and  other  property  devoted  to  the  common  school 
fund,  shall  be  exclusively  applied  to  the  current  use  of 
the  common  schools.     All  schools  maintained  or  sup- 

fromsectarfan  P01"^  wholly  or  in  part  by  the  public  funds  shall  be 

control.  forever  free  from  sectarian  control  or  influence.     All 

losses  to  the  permanent  common   school  fund  which 

loss  of  funds,  shall  be  occasioned  by  defalcation,  mismanagement  or 
fraud  of  the  agent  or  officers  controling  or  managing 
the  same,  shall  be  audited  by  the  proper  authorities  of 
the  state.  The  amount  so  audited  shall  be  a  perma- 
nent funded  debt  against  the  state  in  favor  of  the  par- 
ticular fund  sustaining  such  loss,  upon  which  not  less 
than  six  per  cent,  annual  interest  shall  be  paid. 

Sec.  111.  (As   amended  by  chapter  clxxvii,  Laws 


CODE   OF  PUBLIC   INSTRUCTION.  63 

of    1901).       In    addition    to    the    provisions    for    the 
support  of  common  schools  hereinbefore  provided,  it  ftJJ^ff 
shall  be  the  duty  of  the  State  Board  of  Equalization,  whatpurpose' 
annually,  at  the  time  of  levying  tax  for  state  purposes, 
to  levy  a  tax  that  shall  be  sufficient  to  produce  a  sum 
which,  when  added  to  the  estimated  amount  of  money 
to  be  derived  from  the  interest  on  the  state  permanent 
school  fund  for  the  current  fiscal  year,  shall  equal  ten 
dollars  for  each  child  of  school  age  residing  in  the  state 
as  shown  by  the  last  report  of  the  several  county  super- 
intendents to  the  Superintendent  of  Public  Instruction  : 
Provided,  That  said  tax  shall  not  exceed  five  mills  on  Proviso. 
the   dollar.      Said   tax    levy   shall   be   certified   to   the 
several  county  auditors  in  the  same  manner  as  other  ofetax?evy- 
state  taxes  are  required  to  be  certified,  and  shall  be  theS011 
collected  and  transmitted  to  the  State  Treasurer  at  the 
same  time  and  in  the  same  manner  as  other  state  taxes 
are  required  to  be  collected  and  transmitted ;  and  it 
shall   be  the  duty  of  the  State  Auditor  within  thirty 
days  after  the  date  at  which  county  treasurers  are  re-  J™ndsissi011 
quired  to  transmit  state  funds  to  the  State  Treasurer, collected- 
to  certify  to  the  Superintendent  of  Public  Instruction 
the  amount  of  all  state  annual  school  funds  in  the  hands 
of  the  State  Treasurer  subject  to  apportionment. 

Sec.  112.  (As  amended  by  chapter  clxxvii,  Laws  of 
1901).     The  board  of    directors,  when  in  their  judg-  ^ctoreto 
ment  it  is  necessary,  for  the  purpose  of  furnishing  ad-  Sewages, 
ditional  school  facilities  for  their  district,  or  for  the  booksfetc. 
payment  of  teachers'  wages,  or  for  the  building  of  one 
or  more  school   houses,  or  for  the  repairing  of  one  or 
more  school  houses,  or  for  the  building  of  additions 
thereto,  or  for  the  purchase  of  fuel,  supplies,  globes, 
maps,  charts,  books  of  reference  or  other  appliances  or 
apparatus  for  teaching,  or  for  any  or  all  of  these  pur- 
poses, may  levy  especial  tax  on  the  taxable  property  of 
the  district,  not  to  exceed  ten  mills  on  the  dollar :   Pro- 
vided, That  no  tax  exceeding  five  mills  on  the  dollar  umit-°not  to 
shall  be  levied  until  such  levy  shall  have  been  ordered  ^m&e. 
by  a  majority  vote  of  the  legal  electors  of  the  district, 
at  a  special  election  called  for  that  purpose  :  Provided 


64 


CODE   OP  PUBLIC   INSTRUCTION. 


Further 
proviso. 


Three  mills  in 
uniondistricts. 


Elections  — 
how  called  and 
conducted. 


Certification 
of  results 
thereof. 


Duty  of 
district  clerk. 


Extension 
of  tax. 


Collection 
of  tax. 


Crediting 

proper 

district. 


Fines,  pen- 
alties and 
forfeitures. 


further,  That  boards  of  directors  of  union  schools  may 
levy  a  special  tax  on  the  taxable  property  of  the  union 
district  not  to  exceed  three  mills  on  the  dollar,  and  the 
levying  of  such  tax  by  such  union  school  district  board 
shall  not  prevent  the  electors  of  any  district  within  such 
union  district  from  levying  a  tax  of  ten  mills,  as  here- 
inbefore provided.  School  district  elections  for  the  pur- 
pose of  voting  special  tax,  shall  be  called  and  conducted 
in  the  manner  provided  for  calling  and  conducting 
annual  school  elections.  At  such  elections  the  ballots 
shall  contain  the  words  "  Tax,  yes,"  or  "  Tax,  no."  The 
officers  of  the  election  shall  certify  the  result  of  the 
election  to  the  clerk  of  the  district,  who  shall  file  said 
certificate  as  a  part  of  his  records.  Whenever  a  special 
tax  is  ordered  to  be  levied,  the  clerk  of  the  district  shall 
on  or  before  the  first  day  of  September,  of  the  year  in 
which  such  special  tax  is  ordered  to  be  levied,  make  to 
the  county  auditor  a  certified  statement  of  the  number 
of  mills  of  such  special  tax  which  has  been  ordered  to 
be  levied  in  such  district.  The  county  auditor  shall 
extend  the  same  against  all  the  taxable  property  within 
such  district  upon  the  general  assessment  roll  of  the 
county,  showing  the  amount  and  kind  of  property  so 
assessed,  and  to  certify  the  same  to  the  county  treasurer. 
The  county  treasurer  shall  proceed  to  collect  the  tax  in 
the  same  manner  and  at  the  same  time  and  with  the 
same  power  and  authority  to  enforce  payment  of  the 
same,  as  in  the  case  of  county  and  state  taxes.  The 
county  treasurer  shall  place  any  tax  so  collected  to  the 
credit  of  the  district  to  which  it  belongs. 

Sec.  113.  Except  as  otherwise  provided  by  law,  all 
sums  of  money  derived  from  fines  imposed  for  viola- 
tion of  orders  of  injunction,  mandamus  and  other  like 
writs,  or  for  contempt  of  court,  and  the  clear  proceeds 
of  all  fines  collected  within  the  several  counties  of  the 
state  for  breach  of  the  penal  laws,  and  all  funds  aris- 
ing from  the  sale  of  lost  goods  and  estrays,  and  from 
penalties  and  forfeitures,  shall  be  paid  over  in  cash  by 
the  person  collecting  the  same,  within  twenty  days 
after   the    collection,  to    the    county  treasurer  of   the 


CODE   OF   PUBLIC   INSTRUCTION.  65 

county  in  which  the  same  have  accrued,  and  shall  be 
by  him  transmitted  to  the  State  Treasurer,  who  shall 
place  the  same  to  the  credit  of  the  general  school  fund. 
He  shall  indicate  in  such  entry  the  source  from  which 
such  money  was  derived. 

Sec.  114.  All  school  warrants  shall  be  paid  in  the  grants 
order  of  their  presentation  to  the  county  treasurer,  and 
shall  draw  interest  from  and  after  such  presentation 
and  registry :  Provided,  That  no  compound  interest 
shall  be  paid  directly  or  indirectly  on  any  of  said  war- 
rants. 

Sec.  115.  No  new  district  formed  by  the  subdivision  |csht°?cV^hIn 
of  an  old  one  shall  be  entitled  to  any  share  of  public  fiffS'flind*?" 
money  belonging  to  the  old  district  until  a  school  has 
actually  been    taught  one  month  in  the  new  district 
and  unless  within  eight  months  from  the  order  of  the 
county  superintendent  granting  such    new  district  a 
school   is   opened,  the    action   making   a   new  district  ^0e^ district 
shall  be  void,  and  all  elections  or  appointments  of  di- 
rectors or  clerks  made  in  consequence  of  such  action, 
and  all  rights  and   office  of  parties  so  elected  or  ap- 
pointed shall  cease  and  determine,  and  all  taxes  which 
may  have  been  levied  in  such  old  district  shall  be  valid 
and  binding  upon  the  real  and  personal  property  of 
such  new  districts,  and  shall  be  collected  and  paid  into 
the  school  fund  of  the  old  district. 

Sec.  116.  (As  amended  by  H.  B.  237,  Laws  of  1899.) 
When  a  new  district  is  formed  from  one  or  more  old  o/finds. 
districts  it  shall  be  entitled  to  a  just  share  of  the  school 
moneys  to  the  credit  of  the  one  or  more  old  districts. 
from  which  the  new  district  is  formed,  at  the  time  the 
petition  was  granted  to  establish  the  new  district.  And 
the  county  superintendent  (or  in  case  of  an  appeal, 
the  board  of  county  commissioners),  shall  divide  such 
moneys  and  also  such  moneys  as  may,  for  the  current 
year,  afterward  be  apportioned  to  the  said  one  or  more 
old  districts,  according  to  the  number  of  school  children 
resident  in  the  new  district,  as  may  be  ascertained  by 
a   census  taken  for   that  purpose:  Provided,  That  the 


66 


Limit  of 

bonded 

indebtedness. 


Rate  of 

interest. 


Bond  election. 


Notice  of. 


Form  of 
ballots. 


CODE  OF  PUBLIC  INSTRUCTION. 

new  district  shall  be  entitled  to  all  special  tax  levied 
within  the  boundaries  of  the  new  district,  for  the  cur- 
rent year  in  which  the  new  district  is  formed.  And  if 
such  special  tax,  or  any  part  of  it  has  already  been 
collected  and  placed  to  the  credit  of  the  aforementioned 
one  or  more  old  districts,  it  shall  be  the  duty  of  the 
county  treasurer,  upon  the  order  of  the  county  superin- 
tendent, to  transfer  such  special  tax  to  the  credit  of  the 

new  district. 

Chapter  7.— Bonds. 

Sec.  117.  Theboardof  directors  of  any  school  district 
in  this  state  may  borrow  money  and  issue  negotiable 
coupon  bonds  therefor  to  an  amount  not  to  exceed  five 
(  5 )  per  cent,  of  the  taxable  property  in  such  district, 
as  shown  by  the  last  assessment  roll  for  county  and 
state  purposes  :  Provided,  That  in  incorporated  cities 
the  assessment  shall  be  taken  from  the  last  assessment 
for  city  purposes,  for  the  purpose  of  funding  outstand- 
ing indebtedness,  or  bonds  heretofore  issued  or  issued 
under  the  provisions  of  this  act,  or  for  the  purchase  of 
school  house  site  or  sites,  building  one  or  more  school 
houses  and  providing  the  same  with  all  necessary 
furniture  and  apparatus,  or  for  any  or  all  of  these  pur- 
poses, when  authorized  by  vote  of  the  district  so  to  do, 
as  provided  in  section  118  of  this  act :  Provided  further, 
That  the  bonds  so  issued  shall  bear  a  rate  of  interest 
not  to  exceed  ten  (  10)  per  cent,  per  annum,  interest 
payable  annually  or  semi-annually,  payable  and  re- 
deemable at  such  time  as  may  be  designated  in  the 
bonds,  but  not  to  exceed  twenty  (  20)  years  from  the 
date  of  issue. 

Sec.  118.  That  the  question  whether  bonds  shall  be 
issued,  as  provided  in  section  117  of  this  act,  shall  be 
determined  at  an  election  to  be  held  in  the  manner 
prescribed  by  law  for  holding  special  school  elections. 
Notices  therefor  shall  state  the  amount  of  bonds  pro- 
posed to  be  issued,  time  they  are  to  run,  and  purpose 
for  which  the  money  is  to  be  used.  The  ballots  must 
contain  the  words,  "  Bonds,  yes,"  or  "  Bonds,  no."  If 
a  majority  of  the  votes  cast  at  such  election  are  "Bonds, 


CODE   OF  PUBLIC  INSTRUCTION.  67 

yes,"  the  board  of  directors  must  issue  such  bonds  : 
Provided,  That  if  the  amount  of  bonds  to  be  issued, 
together  with  an}'  outstanding  indebtedness  of  the  dis- 
trict, not  to  be  redeemed  with  the  proceeds  of  said 
issue  of  bonds,  exceeds  one  and  one-half  per  cent,  of  ™teee~fifths 
of  the  taxable  property  in  said  district,  then  three- 
fifths  of  the  votes  cast  at  such  election  must  be  "  Bonds, 
yes,"  before  the  board  of  directors  are  authorized  to 
issue  said  bonds.  The  bonds  shall  be  in  such  form 
as  the  board  of  directors  may  prescribe,  and  shall,  with 
the  coupons,  be  signed  by  the  board  of  directors  and 
countersigned  by  the  clerk  of  the  school  district. 

Sec.  119.  When  authorized  and  empowered  to  issue  j^uSty 
bonds  as  provided  in  sections  117  and  118  of  this  act,  treasurer. 
the  board  of  directors  shall,  within  thirty  days  after 
the  date  of  the  election,  certify  the  result  to  the  county 
treasurer,  who  shall  immediately  publish  notice  of  the  Advertise- 

'  ^    x  merit  of  sale. 

sale  of  .such  bonds  in  at  least  one  weekly  newspaper 
published  at  the  county  seat,  if  there  be  one,  for  four 
consecutive  issues,  and  publish  such  other  notices  as 
the  board  of  directors  may  require.  Said  notices  must 
give  the  amounts  of  bonds  to  be  sold,  the  time  to  run, 
where  payable,  the  option,  if  any,  of  the  district  to  re- 
deem ;  also  naming  the  hour  and  da}7  for  considering 
bids,  and  asking  bidders  to  name  price  and  rates  of  in- 
terest at  which  they  will  purchase  such  bonds.  Such  Form  of  bonds, 
bonds  shall  be  issued  in  denominations  of  not  less  than 
one  hundred  nor  more  than  one  thousand  dollars 
($1,000),  and  shall  contain  upon  their  face  the  date  of 
issue,  the  series  of  issue,  rate  of  interest,  where  paya- 
ble, time  to  run,  option,  if  any,  of  districts  to  redeem, 
and  the  printed  or  lithographed  statement  that  said 
bond  is  issued  under  the  provisions  of  this  act,  and 
that  the  whole  indebtedness  of  said  district  does  not 
exceed  the  constitutional  limit.  Each  bond  so  issued  ^redlycoimty 
must  be  registered  by  the  county  treasurer  in  a  book  treasurer> 
to  be  kept  for  that  purpose,  which  must  show  the  num- 
ber, and  such  data  as  is  necessary  to  secure  a  complete 
record  of  such  bond,  series,  ami  amount  of  each  bond, 
the  person  to  whom  the  same  is  issued,  name  of  the 


68  CODE  OF  PUBLIC   INSTRUCTION. 

district  issuing,  together  with  the  names  of  directors 
signing  the  same  ;  and  the  said  bond  shall  be  endorsed 
by  the  treasurer,  with  his  name  and  a  full  statement  of 
the  name  of  the  person  to  whom  and  when  issued, 
together  with  the  number  and  series  of  said  bond, 
sale  of  bonds.  Sec.  120.  At  the  time  named  in  said  notice  it  shall 
be  the  duty  of  said  board  of  directors  to  meet  with  the 
county  treasurer  at  his  office,  and  with  him  open  said 
bids  and  sell  said  bonds  to  the  person  or  persons  mak- 
ing the  most  advantageous  offer:  Provided,  The  bonds 

May  reject       shall  never  be  sold  below  par,  and  the  board  of  direct- 
bids  and  ,  r      ' 

readvenise.  ors  may  reject  any  and  all  bids,  and  within  six  months 
proceed  to  readvertise  the  sale  of  such  bonds.  Upon 
the  sale  of  bonds  the  board  of  directors  shall,  within 
ten  (  10  )  days,  or  as  soon  thereafter  as  practicable, 
deliver  the  bonds,  properly  executed,  to  the  county 
treasurer,  taking  his    receipt   therefor.      The    county 

urTto deTfver  treasurer  shall,  upon  payment  of  the  price  agreed  upon, 

ceiveproceeds.  deliver  the  same  to  the  person  or  persons  to  whom  sold, 
and  placing  the  moneys  arising  from  such  sale  to  the 
credit  of  the  special  school  fund  of  the  said  district. 

advertising  Fees  for  advertising  shall  be  deducted  from  the  pro- 
ceeds. 

Sec.  121.  ( As  amended  by  H.  B.  472,  Laws  of  1899.) 

Bond  interest  The  county   commissioners   must  ascertain   and   levy 

—  how  levied.  J  ^ 

annually  the  tax  necessary  to  pay  the  interest  upon 
such  bonds  as  it  becomes  due,  and  at  the  expiration 
of  one-half  of  the  time  for  which  said  bonds  are  to 
run,  and  annually  thereafter,  until  full  payment  of 
said  bonds  is  made,  they  may,  if  deemed  advisable, 
levy,  in  addition  to  the  tax  required  to  pay  the  inter- 
est, such  amount  for  sinking  fund  to  meet  the  pay- 
ment of  said  bonds  at  maturity,  to  be  determined 
by  dividing  the  amount  of  bonds  outstanding  by  the 
remaining  number  of  years  to  run,  and  the  fund  aris- 
ing from  such  levy  shall  be  kept  as  the  bond  redemp- 
tion fund  of  said  district,  and  each  of  said  tax  levies 
shall  be  a  lien  upon  the  property  in  said  district,  and 
must  be  collected  in  the  same  manner  as  taxes  for  other 
school  purposes :    Provided,  That  the  county  treasurer, 


CODE   OF  PUBLIC  INSTRUCTION.  69 

when  authorized  to  do  so  by  the  board  of  directors  of 
any  school  district,  may  invest  any  accumulated  sink-  sfnkin™mnd0f 
ing  fund  of  said  district  in  school,  county,  or  state 
warrants  of  the  State  of  Washington,  and  all  profits 
accruing  from  such  investment  and  the  funds  so  in- 
vested shall  revert  to  the  sinking  fund  of  said  district, 
and  the  county  treasurer  shall  be  custodian  of  all  war- 
rants purchased  by  and  with  the  said  sinking  fund  un- 
til the  same  are  redeemed. 

Sec.  122.  The  county  treasurer  must  pay  out  of  any  B^df^rest 
moneys  belonging  to  the  credit  of  the  bond  interest  sPeciaI  lev^- 
fund  of  the  school  district  the  interest  upon  any  bonds 
issued  under  this  act  by  such  school  district  when  the 
same  becomes  due,  and  at  such  place  designated  in  such 
coupon,  or  upon  the  presentation  at  his  office  of  the 
same,  which  must  show  the  amount  due  and  the  num- 
ber and  series  of  the  bond  to  which  it  belongs,  and  all 
coupons  so  paid  must  be  immediately  reported  to  the 
school  directors. 

Sec.  123.    The  school  directors  of  any  district  must  J,(j^°g™§hed 
cause  to  be  printed  or  lithographed,  at  the  lowest  rates,  C0UP°ns- 
suitable  bonds,  with  coupons  attached,  when  the  same 
become  necessary,  and  pay  therefor  out  of  any  moneys 
in  the  county  treasury  to  the  credit  of  the  school  dis- 
trict. 

Sec.  124.  (  As  amended  by  chapter  civ,  Laws  of  1901.) 

Whenever  any  school  district  in  this  state  shall  have  Bonds  hereto- 
fore issued. 

heretofore,  under  any  of  the  acts  of  the  territorial  or 
State  Legislature  now  in  force,  issued  any  bonds  for 
the  purchase  of  any  school  house  site,  or  the  building 
of  any  school  house,  or  the  furnishing  of  the  same,  and 
the  amount  of  said  bonds  so  issued  and  negotiated  did 
not,  at  the  time  of  their  issue,  exceed  the  sum  of  five 
per  centum  of  the  taxable  property  of  the  said  school 
district,  it  shall  be  lawful  for  the  said  school  district  to  Exchange  of 

bonds. 

issue  and  exchange  its  bonds  at  a  rate  of  interest  not 
greater  than  that  borne  by  the  original  issue  of  bonds, 
par  for  par,  without  any  further  vote  of  the  school  dis- 
trict than  that  heretofore  had  or  required  by  existing 
law  at  the  time  of  their  issue,  and  said  bonds,  shall  in 


70 


CODE   OF   PUBLIC  INSTRUCTION. 


Proviso  as  to 
cities  of  more 
than  10,000. 


Proviso. 


Denomina- 
tions. 


Holders  of 
bonds  to 
notify  county 
treasurer. 


Notice  of  bond 
redemption. 


Incidental 
costs. 


all  respects,  conform  to  and  be  governed  by  the  other 
provisions  of  this  act:  Provided,  That  in  cities  often 
thousand  population  or  more,  whenever  any  bonds  is- 
sued under  the  provisions  of  this  article  shall  reach 
maturity  and  shall  remain  unpaid,  the  board  of  .direc- 
tors thereof  shall  have  the  power  to  fund  the  same  by 
issuing  coupon  bonds  conformable  to  the  requirements 
of  this  act  and  exchanging  the  same  par  for  par,  for  the 
outstanding  bonds  as  aforesaid,  without  any  further 
vote  of  the  school  district :  Provided,  further,  That  such 
bonds  shall  be  issued  in  denominations  of  not  less  than 
one  hundred  dollars  nor  more  than  one  thousand  dol- 
lars, shall  be  redeemable  within  twenty  years  from  date 
of  issue,  and  shall  draw  a  rate  of  interest  not  to  exceed 
six  per  centum  per  annum. 

Sec.  125.  Every  holder  of  any  of  the  bonds  so  issued 
as  provided  in  this  act  shall,  within  ten  (10)  days  after 
he  shall  become  the  owner  or  holder  thereof,  notify  the 
county  treasurer  of  the  county  in  which  such  bonds  are 
issued  of  his  ownership,  together  with  his  full  name 
and  postoffice  address,  and  the  county  treasurer  of  said 
county  shall,  in  addition  to  the  published  notice  herein 
provided  for,  deposit  in  the  postoffice,  properly  stamped 
and  addressed  to  each  owner  or  holder  of  any  such 
bonds  subject  to  redemption  or  payment,  a  notice  in 
like  form,  stating  the  time  and  place  of  the  redemption 
of  such  bonds  and  the  number  of  the  bonds  to  be  re- 
deemed, and  in  case  any  owners  of  bonds  shall  fail  to 
notify  the  treasurer  of  their  ownership  as  aforesaid, 
then  a  notice  mailed  to  the  last  holder  of  such  bonds 
shall  be  deemed  sufficient,  and  any  and  all  such  notices 
so  mailed  as  aforesaid  shall  be  deemed  to  be  personal 
notice  to  the  holders  of  such  bonds,  and  at  the  expira- 
tion of  the  time  therein  named  shall  have  the  force  to 
suspend  the  interest  upon  any  such  bonds. 

*Sec.  126.  That  at  any  time  after  the  issuance  of  such 
bonds,  and  in  the  discharge  of  the  duties  imposed  upon 
said  county  treasurer,  should  any  incidental  expense, 
costs  or  charges  arise,  the  said  county  treasurer  shall 


*This  law  went  into  effect  March  16,  1901. 


CODE   OF   PUBLIC   INSTRUCTION.  71 

present  his  claim  for  the  same  to  the  board  of  directors 
of  the  school  district  issuing  such  bonds,  and  the  same 
shall  be  audited  and  paid  in  the  same  manner  as  other 
services  are  paid  under  the  provisions  of  law. 

Sec.  127.  Whenever  the  amount  of  any  sinking  fund  £demP?ion0nd 
created  under  the  provisions  of  this  act  shall  equal  the 
amount,  principal  and  interest  of  any  bond  then  due, 
or  subject  under  the  pleasure  or  option  of  said  school 
district  to  be  paid  or  redeemed,  it  shall  be  the  duty  of 
the  county  treasurer  of  the  county  in  which  the  school 
district  issuing  such  bonds  is  located,  to  publish  a  no- 
tice in  the  official  newspaper  of  the  county,  if  such  a 
one  there  be,  and  if  not,  then  in  a  newspaper  of  gen- 
eral circulation,  that  the  said  county  treasurer  will, 
within  thirty  ( 30 )  days  from  the  date  of  such  notice, 
redeem  and  pay  any  such  bond  then  redeemable  or 
payable,  giving  priority  according  to  the  date  of  issue 
numerically,  and  upon  the  presentation  of  any  such 
bond  or  bonds  the  said  treasurer  shall  pay  the  same  ; 
and  in  case  that  any  holder  of  such  bond  or  bonds  shall 
fail  or  neglect  to  present  the  same  at  the  time  men- 
tioned in  said  notice,  or  in  the  notice  hereinbefore  pro- 
vided for,  then  the  interest  upon  such  bond  or  bonds 
shall  cease  and  determine,  and  the  treasurer  of  such 
county  shall  thereafter  pay  only  the  amount  of  such 
bond  and  the  interest  accrued  thereon  up  to  the  day 
mentioned  in  said  notice.  When  any  bonds  are  so  re-  £fa^S£on 
deemed  or  paid,  the  county  treasurer  shall  cause  the 
same  to  be  fully  canceled,  and  write  across  the  face  of 
such  bonds  the  words  "  redeemed,"  with  the  date  of 
redemption,  and  shall  deliver  the  same  to  the  board  of 
directors  of  such  school  district,  taking  the  directors' 
receipt  therefor. 

Chapter  8 —Validation  of  Debts. 

Sec.  128.  Any  school  district  may  validate  and  ratify  mayvaTidate 
the  indebtedness  of  such  school   district,  incurred  f or  0f  district65"3 
strictly  school  purposes,  when  the  same  does  not  exceed 
five  per  centum  of  the  value  of  the  taxable  property  in 
such  school  district.     The  value  of  taxable  property  in 


72 


CODE   OF  PUBLIC  INSTRUCTION. 


Resolution 
of  board  to 
validate. 


Three-fifths 
vote. 


Location 
of  polls. 


Time  of 
election. 


such  school  district  shall  be  ascertained  as  provided  in 
article  eight,  section  six  of  the  constition  of  the  State 
of  Washington. 

Sec.  129.  Whenever  the  board  of  directors  of  any 
school  district  shall  deem  it  advisable  to  validate  and 
ratify  the  indebtedness  mentioned  in  section  128  of 
this  chapter,  they  shall  provide  therefor  by  resolution, 
which  shall  be  entered  on  the  records  of  such  school 
district,  which  resolution  shall  provide  for  the  holding 
of  an  election  for  the  purpose  of  submitting  the  ques- 
tion of  validating  and  ratifying  the  indebtedness  so 
incurred  to  the  voters  of  such  school  district  for  ap- 
proval or  disapproval,  and  if  at  such  election  three- 
fifths  of  the  voters  in  such  school  district  voting  at 
such  election  shall  vote  in  favor  of  the  validation  and 
ratification  of  such  indebtedness,  then  such  indebted- 
ness so  validated  and  ratified  and  every  part  thereof 
existing  at  the  time  of  the  adoption  of  said  resolution 
shall  thereby  become  and  is  hereby  declared  to  be  val- 
idated and  ratified  and  a  binding  obligation  upon  such 
school  district,  when  the  only  ground  of  the  previous 
invalidity  of  such  indebtedness  so  ratified  and  validated 
is  that  at  the  time  of  the  attempted  incurring  thereof, 
the  same,  together  with  all  other  then  existing  indebt- 
edness of  such  school  district,  exceeded  one  and  one- 
half  per  centum  of  the  taxable  property  in  such  school 
district,  as  provided  in  article  eight,  section  six  of  the 
constitution  of  the  State  of  Washington,  and  that  such 
indebtedness  was  so  attempted  to  be  incurred  without 
the  assent  of  three-fifths  of  the  voters  of  such  school 
district  voting  at  an  election  held  for  that  purpose,  as 
required  by  said  constitution. 

Sec.  130.  At  the  time  of  the  adoption  of  the  resolu- 
tion provided  for  in  section  129  of  this  chapter,  the 
board  of  directors  of  such  district  shall  determine  the 
number  and  the  location  of  the  places  at  which 
polls  shall  be  opened  to  receive  the  votes  of  the 
voters  in  such  district.  Unless  otherwise  provided, 
the  polls  shall  be  open  at  one  o'clock  in  the  afternoon 
and  close  at  four  o'clock  in  the  afternoon  of  the  same 


CODE   OF  PUBLIC  INSTRUCTION.  73 

day,  but  the  board  may  determine  on  a  longer  time 
during  which  the  polls  may  be  kept  open,  not  before 
one  o'clock  in  the  afternoon  and  not  later  than  eight 
o'clock  in  the  afternoon  of  the  same  day.  Such  board 
shall  appoint  two  voters  in  such  district  where  the 
election  is  to  be  held  to  act  as  judges  of  such  election, 
and  also  one  and  not  more  than  two  persons  to  act  as 
clerks  at  each  voting  place.  Such  clerks  shall  keep  a 
list  of  the  voters  voting  at  such  election,  and  tally  the 
result  under  the  direction  of  the  judges.     The  judges  Judges  and 

J        °  .  clerks  of 

shall  observe  and  cause  to  be  observed  at  such  election,  election. 
as  far  as  the  same  shall  apply,  the  election  laws  of  the 
state  governing  the  election  of  school  directors.  Should 
any  of  the  judges  so  appointed  be  absent  at  the  open- 
ing of  the  polls,  the  voters  of  such  district  present  shall 
appoint  a  voter  to  act  in  place  of  such  absent  judge.  If 
the  clerk  or  clerks  of  such  election  be  absent  at  the 
opening  of  the  polls  the  judges  conducting  such  elec- 
tion shall  appoint  one  and  not  exceeding  two  persons 
to  act  as  clerks  of  such  election.  The  judges  and 
clerks  of  such  election  shall  each  take  and  subscribe  an  Ministered 
oath  to  faithfully  perform  the  duties  imposed  upon  b>' whom- 
them  by  law  in  conducting  such  election,  and  each  of 
said  judges  shall  have  power  to  administer  all  oaths 
required  by  this  section,  each  to  the  other,  and  to  the 
clerks,  and  to  all  persons  offering  to  vote,  when  chal- 
lenges are  interposed.  The  clerks  or  secretaries  of 
such  school  district,  or  any  officer  authorized  by  law  to 
administer  oaths,  may  administer  the  oath  required  to 
be  taken  by  such  judges  and  clerks.  If  there  is  not 
sufficient  number  of  voters  present  at  the  hour  named 
for  the  opening  of  the  polls  to  till  vacancies,  occasioned 
by  the  absence  of  judges  or  clerks,  it  shall  be  lawful  to 
open  the  polls  as  soon  thereafter  as  a  sufficient  number 
of  electors  are  present.  Elections  hereunder  shall  be 
by  ballot.  The  ballot  must  contain  the  words,  "  Vali- 
dating and  ratifying  indebtedness,  yes,"  or  the  words,  Form  of 

&  J       °  w  ballots. 

"  Validating  and  ratifying  indebtedness,  no.  Ballots 
containing  the  words,  "  Validating  and  ratifying  in- 
debtedness, yes,"  shall  be  counted  in  favor  of  validat- 


74  CODE   OP   PUBLIC  INSTRUCTION. 

ing  and  ratifying  such  indebtedness,  and  ballots 
containing  the  words,  "Validating  and  ratifying  in- 
debtedness, no,"  shall  be  counted  against  validating 
and  ratifying  such  indebtedness.     As  soon  as  the  polls 

resuityo?g  are  closed  at  such  election,  the  judges  at  each  polling 
place  shall  count  the  votes,  ascertain  the  result  and 
certify  the  same  and  make  return  thereof,  within  two 
days  after  such  election,  to  the  board  of  directors  of 
such  district,  by  depositing  the  same,  together  with  the 
ballots  cast)  at  such  election,  with  the  clerk  or  secre- 
tary of  such  board,  and  within  five  days  after  such 
election,  or  as  soon  as  all  the  returns  of  such  election 
are  deposited  as  herein  provided,  the  board  of  directors 
of  such  district  shall  meet  and  canvass  and  declare  the 
result,,  and  shall  cause  to  be  entered'  a  minute  thereof 
on  the  records  of  such  district.     The  qualifications  of 

Qualifications  voters  at  such  election  shall  be  the  same  as  prescribed 

ot  voters.  r 

for  the  election  of  school  officers. 
cierk  to  give        sEC.  131.  At  the  time  of  the  adoption  of  the  resolu- 

notice  of  ~ 

election.  ^ion  provided  in  section  129  of  this  chapter,  the  board 

of  directors  shall  direct  the  clerk  or  secretary  of  the 
board  to  give  public  notice  of  the  time,  place  and  pur- 
poses of  such  election.  Such  clerk  or  secretary  shall 
thereupon  cause  written  or  printed  notices  to  be  posted 
in  at  least  five  places  in  such  school  district,  at  least 
twenty  days  before  such  election.     Said  notice    shall 

ofUnoMceion  a^so  ^e  published  for  the  same  length  of  time  in  a 
daily  newspaper  printed  and  published  in  such  district, 
and  if  there  be  no  such  daily  newspaper,  then  in  a 
weekly  newspaper,  published  in  this  state  and  of 
general  circulation  in  the  county  where  such  school 
district  is  situated,  in  two  regular  issues  of  such  weekly 
newspaper   next   preceding  the  day  of   such  election. 

Notice  to  con-  Said    notices  shall  contain  a  copy    of    the    resolution 

tain,  what.  _    L  J 

mentioned  in  section  129  of  this  chapter,  the  time  of 
holding  such  election  and  location  of  polling  places,  a 
statement  of  the  object  of  the  election,  and  the  form  of 
the  ballot  adopted  by  the  board  to  determine  the  ques- 
tion submitted  to  the  voters. 

Sec.  132.  If  the  indebtedness  of  such  school  district 


CODE   OF   PUBLIC  INSTRUCTION.  75 

is  validated  and  ratified,  as  provided  in  section  129  of 
this  chapter,  by  three-fifths  of  the  voters  voting  at  such  ^suedbonds. 
election,  the  board  of  directors  of  such  school  district, 
without  any  further  vote,  may  borrow  money  and  issue 
negotiable  coupon  bonds  therefor  to  an  amount  not  to 
exceed  the  unpaid  indebtedness  of  such  school  district 
existing  at  the  time  of  the  adoption  of  the  resolution 
mentioned  in  section  129  of  this  chapter,^  deducting 
from  the  amont  of  such  unpaid  indebtedness  the 
amount  of  all  indebtedness  evidenced  by  negotiable 
coupon  bonds  then  outstanding  against  and  payable  by 
such   district.     Bonds  so  issued  shall  bear    a   rate  of  ^!£of 

interest. 

interest  not  to  exceed  six  per  cent,  per  annum,  interest 
payable  semi-annually,  payable  and  redeemable  at  such 
time  and  place  as  designated  in  the  bonds,  but  not  ex- 
ceeding twenty  years  from  date  of  issue.  The  bonds 
and  coupons  shall  be  in  such  form  as  the  board  of 
directors  shall  prescribe,  and  payable  at  such  place  as 
may  be  designated  therein.  In  all  school  districts,  ex- 
cept in  cities  of  ten  thousand  or  more  inhabitants,  said 
bonds,  with  the  coupons,  must  be  signed  by  the  board 
of  directors  and  countersigned  by  the  clerk  of  the 
school  district.  In  school  districts  in  cities  of  ten  Jo,ocooUor  more 
thousand  or  more  inhabitants  said  bonds,  with  the  inhabltan 
coupons,  must  be  signed  in  the  corporate  name  of  the 
district,  by  the  president  of  the  board  of  directors 
thereof,  and  attested  by  the  secretary  of  the  board. 
The  seal  of  said  district,  if  such  district  has  a  seal,  ffsalri°ft 
shall  be  affixed  to  each  bond  by  the  secretary  thereof. 
The  moneys  arising  from  the  sale  of  coupon  bonds 
issued  under  this  chapter  shall  be  placed  by  the  treas- 
urer of  the  county  in  a  special  fund  to  the  credit  of 
such  school  district,  and  out  of  such  fund  shall  be  paid  indebtedness, 

r  how  paid. 

the  indebtedness  of  such  school  district  existing  at  the 
time  of  the  adoption  of  the  resolution  mentioned  in 
section  129  of  this  chapter,  not  evidenced  by  negotiable 
coupon  bonds. 

Sec.  133.  When  authorized  and  empowered  to  issued0,111""1 

r  bonds  to 

bonds,  as  provided  in  section    132  of  this  chapter,  thebeissuetL 
board  of  directors  of  such  district  shall,  at  a  meeting 


76 


CODE  OF  PUBLIC   INSTRUCTION. 


County 

treasurer  shall 
advertise  sale. 


Interest  not 
to  exceed  6 
percent. 


One  per  cent. 
deposit. 


Warrants 
exchanged 
for  bonds. 


County  treas- 
urer notified 
of  result  of 
election. 


of  such  board,  determine  by  resolution  the  amount  of 
bonds  to  be  issued,  not  exceeding,  however,  the  unpaid 
indebtedness  of  such  district  after  deducting  the  bonded 
indebtedness  existing  at  the  time  of  the  adoption  of  the 
resolution  mentioned  in  section  129  of  4his  chapter, 
and  shall  deliver  a  copy  of  said  resolution  to  the  county 
treasurer  of  the  county  in  which  such  school  district  is 
situated,  who  shall  immediately  advertise  for  sale  said 
bonds,  and  the  law  relating  to  other  bonds  shall  govern, 
control  and  apply  to  bonds  issued  or  sold  under  this 
chapter,  except  that  bonds  issued  under  this  chapter 
shall  not  bear  a  greater  rate  of  interest  than  six  per 
cent,  per  annum,  and  they  may  be  sold  in  such  amounts 
or  blocks  as  the  board  of  directors  may  direct,  and  such 
board  may  also  require  all  persons  bidding  for  said 
bonds,  except  the  State  of  Washington,  to  deposit  one 
per  cent,  of  the  par  value  of  the  bonds  bid  for  on  de- 
positing with  the  treasurer  their  bids,  and  if  the  bidder 
fails  to  take  and  pay  for  the  bonds  for  which  he  bid,  in 
case  of  their  sale  to  him,  the  amount  so  deposited  shall 
be  forfeited  to  the  school  district,  otherwise  to  be  re- 
turned to  such  bidder,  and  a  resale  of  such  bonds  so 
refused  to  be  taken  may  be  made  as  if  the  bid  for  the 
same  had  been  rejected,  and  the  money  arising  from 
the  sale  of  the  bonds  issued  under  this  chapter  shall  be 
applied  as  provided  in  section  132  of  this  chapter. 

Sec.  134.  If  bonds  issued  under  this  chapter  are  not 
sold  as  herein  provided,  the  holders  of  unpaid  warrants 
drawn  on  the  county  treasurer  by  such  district  for  an 
indebtedness  existing  at  the  time  of  the  adoption  of 
the  resolution  mentioned  in  section  129  of  this  chap- 
ter, may  exchange  said  warrants  at  the  face  value 
thereof  and  accrued  interest  thereon  for  coupon  bonds 
issued  under  this  chapter,  at  not  less  than  par  value 
and  accrued  interest  of  such  bonds  at  the  time  of  the 
exchange ;  such  exchange  to  be  made  under  such  reg- 
ulations as  may  be  provided  by  the  board  of  directors 
of  such  district. 

Sec.  135.  When  the  board  of  directors  shall  have 
canvassed  and  declared  the  result   of  the  election  as 


CODE   OF   PUBLIC   INSTRUCTION.  77 

prescribed  in  section  130  of  this  chapter,  it  shall,  if 
the  same  shall  have  been  in  favor  of  validating  and 
ratifying  the  indebtedness,  immediately  cause  to  be 
sent  to  the  county  treasurer  of  the  county  in  which 
such  district  is  situated,  notice  of  the  result  of  the 
election,  and  all  moneys  then  or  thereafter  in  the  ^^appHed 
hands  of  such  treasurer  belonging  to  such  district,  expenses1 
arising  from  the  annual  tax  levy  or  from  fines  or  other 
sources  for  the  support  and  maintenance  of  common 
schools  in  such  district,  shall  be  applied  only  to  the 
payment  of  interest  on  the  bonded  indebtedness  and 
to  the  current  expenses  of  such  school  district  incurred 
after  the  adoption  of  the  resolution  mentioned  in  sec- 
tion 129  of  this  chapter,  and  shall  not  be  used  for,  or 
applied  to,  the  payment  of  any  indebtedness  of  such 
district  existing  before  the  adoption  of  said  resolution, 
except  interest  on  the  bonded  indebtedness.     The  an-  Lirnit °f  an- 

1  nual  expense. 

nual  expense  of  such  district  shall  not  thereafter  exceed 
the  annual  revenue  thereof,  and  any  officer  of  such 
district  who  shall  knowingly  aid  in  increasing  the 
annual  expenditure  in  excess  of  the  annual  revenue  of 
such  district,  shall  be  deemed  to  be  guilty  of  a  misde- 
meanor, and  shall  be  punished  by  a  fine  not  exceeding 
five  hundred  dollars.  If  the  indebtedness  of  such 
school  district,  excluding  the  bonded  indebtedness  ex- 
isting before  the  adoption  of  said  resolution,  is  not  ex- 
tinguished by  the  exchange  of  warrants  for  bonds,  or 
by  the  proceeds  of  the  sale  of  bonds,  as  herein  pro- 
vided, then  it  shall  be  the  duty  of  the  board  of  directors, 
thirty  days  before  the  regular  annual  tax  levy,  to  certify 
the  amount  of  such  indebtedness  remaining  unpaid  to 
the  board  of  county  commissioners  of  the  county  in 
which  such  school  district  is  situated,  and  said  board 
of  county  commissioners,  at  the  time  of  making  the 
regular  annual  tax  levy,  shall  annually  levy  a  special  ^ssioners1 
tax  on  the  taxable  property  of  the  district  not  to  exceed  remaining*01 
three  mills  on  the  dollar  on  the  valuation  of  such  tax-  In'rN'-'Vnni-.^ 
able  property,  which  shall  be  collected  as  other  taxes 
are  collected,  and  the  proceeds  of  such  tax  shall  be  a 
special  fund  for  the  payment  of  the  indebtedness  of 


78  CODE   OF  PUBLIC  INSTRUCTION. 

such  district,  not  included  in  bonds,  existing  at  the 
time  of  the  adoption  of  the  resolution  mentioned  in 
section  129  of  this  chapter. 

Chapter  9. — Certification  of  Teachers. 

article  i. — classification  of  certificates. 

SSSStes  Sec-  136-  Nothing  in  this  act  shall  be  construed  to 

and  contracts.  invalidate  the  life  diplomas  or  the  state  or  territorial 
certificates  granted  under  the  laws  of  the  Territory  of 
Washington,  or  of  the  State  of  Washington,  but  the 
same  shall  continue  in  effect  the  same  as  life  diplomas 
and  state  certificates  granted  under  the  provisions  of 
this  act,  and  all  county  certificates  heretofore  granted 
by  any  county  board  of  examiners  shall  continue  in 
full  force  and  effect  nntil  the  expiration  thereof ;  and 
any  contract  made  in  good  faith  by  any  teacher,  school 
officer,  or  other  person,  under  the  provisions  of  the 
territorial  or  state  school  laws,  is  hereby  recognized  as 
a  valid  contract,  the  same  as  if  made  under  the  pro- 
visions of  this  act. 

certmecatL  Sec.  137.  The  teachers'  certificates  issued  by  author- 

ity of  the  State  of  Washington,  and  entitling  the  holder 
thereof  to  teach  in  the  schools  of  the  state  shall  con- 
sist of — 

Life  diplomas.  First :  Life  diplomas,  valid  during  the  life  of  the 
holder,  and  state  certificates,  valid  for  five  years  from 
the  date  of  issue  ;  said  life  diplomas  and  state  certifi- 
cates shall  be  issued  by  the  Superintendent  of  Public 
Instruction  on  the  authority  of  the  State  Board  of  edu- 
cation :  Provided,  That  state  certificates  may,  upon  ap- 

eertiacates.  plication  and  without  examination,  be  renewed,  or  a 
life  diploma  be  authorized  in  lieu  thereof  by  the  State 
Board  of  Education. 

andStnird°nd         Second  :  First  grade  common  school  certificates,  valid 

tmeses*"  for  a  period  of  five  years  from  date  of  issue;  second 
grade  common  school  certificates,  valid  for  two  years 
from  date  of  issue  ;  third  grade  common  school  certifi- 
cates, valid  for  one  year  from  date  of  issue.  Said  first 
grade  certificates,  second  grade  certificates  and  third 


CODE  OP  PUBLIC  INSTRUCTION.  79 

grade  certificates  shall  be  issued  by  the  Superintendent 
of  Public  Instruction,  as  provided  by  law. 

Third  :  Temporary  certificates  may  be  issued,  as  pro-  SSel 
vided  by  law,  by  any  county  superintendent,  entitling 
the  holder  thereof  to  teach  in  any  common  school  of 
the  county  wherein  the  same  is  issued  until  the  next 
regular  examination  of  teachers  ;  whereat,  if  the  ap- 
plicant take  the  examination  for  certification,  the 
county  superintendent  may  extend  the  same  until  it 
shall  have  been  determined  whether  a  certificate  is  to 
be  issued  to  the  applicant  in  accordance  therewith. 

Fourth  :  Special  certificates  may  be  issued  without  S^SS^ 
examination  by  the  county  superintendent  to  teachers 
of  music,  languages  other  than  English,  drawing  and 
painting,  manual  training  and  penmanship,  upon  the 
application  of  any  board  of  directors,  which  certificate 
shall  entitle  the  holder  thereof  to  teach  the  subject  therein 
named  in  any  school  of  the  district  under  the  control  of 
said  board  of  directors,  until  revoked  for  cause.  Pro- 
vided, That  the  county  superintendent,  before  issuing 
the  same,  shall  receive  satisfactory  evidence  of  the  ap- 
plicant's fitness  to  teach  the  subject  named  in  the 
certificate. 

ARTICLE  II  —  DIPLOMAS   AND   STATE   CERTIFICATES. 

Sec.  138.  State  certificates  shall  be  granted  to  such  |^^r 
applicants  only  as  shall  file  with  the  board  satisfactory 
evidence  of  having  taught  successfully  twenty-seven 
months,  at  least  nine  of  which  shall  have  been  in  the 
public  schools  of  this  state.  The  applicant  must  pass 
a  satisfactory  examination  in  all  the  branches  required 
for  first  grade  common  school  certificates,  also  plane 
geometry,  geology,  botany,  zoology,  civil  government, 
psychology,  history  of  education,  bookkeeping,  com- 
position and  general  history ;  or  file  with  the  board  a 
certified  copy  of  a  diploma  from  some  state  normal 
school,  or  normal  department  of  university  of  Wash- 
ington, or  of  a  state  or  territorial  certificate  from  a 
state  or  territory,  the  requirements  to  obtain  which 
shall  not  have  been  less  than  those  required  by  this 
act.     Life  diplomas  shall  be  granted  to  such  applicants 


80  CODE   OF  PUBLIC   INSTRUCTION. 

only  as  shall  file   with  the  board  satisfactory  evidence 
Life  diplomas,  that  they  have  taught  successfully  for  ninety  months, 
not  less  than  fifteen  of  which  shall  have  been  in  the 
public  schools  of  this  state.     In  other  respects  the  re- 
quirements shall  be  the  same  as  those  for  state  certifi- 
cates.    The    fee    for    state   certificates   shall    be    three 
certificates      dollars,  and   for  life  diplomas,  five  dollars.     Said  fees 
must  be  deposited  with  the  application,  and  cannot  be 
refunded   to  the  applicant    unless  the  application   be 
withdrawn  before  it  has  been  considered  by  the  board. 
Said  fee  shall  be  paid  into  the  state  treasury. 
state  certifi-         gEC    139.  The  state  board  shall  also  have  power  to 

cates  without  >■ 

examination.  grant  state  certificates  without  excamination  to  all 
applicants  who  are  graduates  of  a  regular  four  year 
collegiate  course  of  the  university  of  Washington,  the 
agricultural  college  and  school  of  science,  or  of  other 
reputable  institutions  of  learning  whose  requirements 
of  graduation  are  equal  to  the  requirements  of  the 
university  of  Washington  :  Provided,  That  the  ap- 
plicant shall  file  with  the  board  a  certificate  copy  of 
his  diploma  and  a  copy  of  the  course  of  study  for  the 
year  in  which  he  graduated:  Provided,  further,  That 
the  applicant  shall  pass  a  satisfactory  examination  be- 
fore the  State  Board  of  Education  in  theory  and  practice 
of  teaching,  psychology  and  history  of  education,  and 
shall  file  with  the  board  satisfactory  evidence  of  having 
taught  successfully  for  twenty-seven  months,  at  least 
nine  of  which  shall  have  been  in  the  public  schools  of 
this  state. 

ARTICLE   III.-- COMMON   SCHOOL    CERTIFICATES. 

county  gEC.  140.  There  shall  be  held  at  the   county  seat  of 

examinations.  ^ 

each  county  on  the  second  Thursday  of  the  months  of 
February,  May,  August  and  November  of  each  year  an 
examination  of  applicants  for  teachers'  certificates, 
which  examination  shall  be  conducted  by  the  county 
superintendent  according  to  the  rules  and  regulations 
of  the  State  Board  of  Education  :  Provided,  That  in  case 
Assistants.  of  the  sickness  or  disability  of  the  superintendent  he 
may  appoint  a  suitable  teacher  or  teachers  to  assist  or 
conduct  the  same,  subject  to  the  same  laws,  rules  and 


CODE  OF  PUBLIC  INSTRUCTION.  81 

regulations  as  himself,  and  the  county  superintendent 
shall  in  reporting  the  examination  to  the  Superintend- 
ent of  Public  Instruction,  as  hereinafter  provided,  for- 
ward such  appointment  in  writing. 

Sec.  141.  (As  amended  by  H.  B.  472,  Laws  of  1899). 
All  applicants  at  the  examination   mentioned  in   the 
preceding  section  shall  be  at  least  seventeen  years  of  ^fred. 
age,  and  shall  be  examined  according  to  the  rules  and 
regulations  of   the  State  Board  of   Education,  in   read- 
ing,   penmanship,    orthography,    written  and    mental 
arithmetic,  geography,  English  grammar,  physiology, 
and  hygiene,  history  and   constitution   of  the  United 
States,  school  law  and  the  constitution  of  the  State  of 
Washington  and  the  theory  and  art  of  teaching;  but 
no  person  shall  receive  a  first  grade   certificate  who 
does   not  pass  a  satisfactory   examination   in   the   ad 
ditional  branches   of    physics,  English  literature  and 
algebra,  and  who  does  not  present  satisfactory  written 
evidence  of  having  taught  successfully  one  school  year 
of    nine    months :  Provided,  That  the  State   Board   of  ™S3£»tes. 
Education  may  adopt  two  subjects  in  lieu  of  algebra 
and  physics  for  teachers  who  have  taught  exclusively 
in    primary   schools    for    not   less    than  fifty  months, 
and  the  certificates  granted    to    such  primary    teach- 
ers    shall    be    known    as    first    grade    primary    cer- 
tificates, and  shall  entitle  the  holders    to   teach  only 
in  the  primary  grades  of  city  and  village  schools.  The 
state  superintendent  shall  also   have  power  to   grant  £^fluctates 
common  school  certificates  without  examination  to  all  exammatlon- 
applicants  who  are  graduates  of  a  regular  four   year 
collegiate  course  of   the  university  of  Washington,  the 
agricultural  college,  and  school  of  science,  state  nor- 
mal schools  equal  in  requirements  to  the  state  normal 
schools  of  Washington,  or  of  other  reputable  institutions 
of  learning  whose    requirements    for    graduation    are 
equal  to  the  requirements  of  the  university  ^  of  Wash- 
ington ;  also  to  all  applicants  who  hold  state  certificates 
or  diplomas  equal  in  requirements  to  the  requirements 
of  the  State  of  Washington  :  Provided,  That  an  appli- 


82 


CODE   OF  PUBLIC   INSTRUCTION. 


Examination 
fees. 


Papers  for- 
warded to 
State  Super- 
intendent. 


Renewal  of 
first  and 
second  grade 
certificates. 


cant  shall  pass  an  examination  in  state  school  law  and 
constitution  with  a  standing  required  for  a  first  grade 
certificate. 

Sec.  142.  (As  amended  by  H.  B.  472,  Laws  of  1899.) 
Each  applicant  before  taking  the  examination  for  a  cer- 
tificate, or  upon  application  for  a  temporary  certificate 
or  for  a  renewal,  shall  pay  to  the  county  superintend- 
ent the  sum  of  one  dollar,  and  shall  receive  a  receipt 
thereior.  The  fees  so  received  by  the  superintendent 
shall  in  no  case  be  returned  to  the  applicant,  but  shall 
be  paid  to  the  county  treasurer  to  the  credit  of  the  in- 
stitute fund. 

Sec  143.  The  county  superintendent  shall  within 
three  days  of  the  close  of  said  examination  forward  to 
the  superintendent  of  public  instruction,  in  accordance 
with  his  directions,  all  the  papers  written  at  said  exam- 
ination and  relating  thereto,  including  a  complete  list 
of  all  applicants  thereat,  with  their  postoffice  addresses, 
and  also  a  receipt  from  the  county  treasurer  for  the  fees 
collected  at  the  examination  as  herein  provided. 

Sec.  144.  (As  amended  by  H.  B.  472,  Laws  of  1899.) 
The  holder  of  a  first  grade  certificate  who  shall  present 
to  the  Superintendent  of  Public  Instruction  evidence 
of  having  taught  successfully  twenty-four  school  months 
during  the  time  said  certificate  has  been  in  force,  may 
have  his  certificate  renewed  without  further  examina- 
tion, which  renewal  shall  be  endorsed  tnereon  by  the 
Superintendent  of  Public  Instruction,  upon  its  presen- 
tation, for  a  like  term  of  five  years  :  Provided,  That  such 
renewed  certificate  shall  lapse  upon  the  failure  of  its 
holder  to  teach  for  a  period  of  two  consecutive  school 
years  :  Provided  further,  That  a  teacher  holding  a  sec- 
ond grade  certificate  who  has  taught  in  a  primary  grade 
of  the  public  schools  of  the  state  for  not  less  than  four 
years  immediately  preceding  the  expiration  of  said  cer- 
tificate, and  who  has  taken  at  least  one  subject  of  the 
teachers'  reading  circle  each  year  under  the  regulations 
prescribed  by  the  state  board  of  education,  may  have 
said  certificate  renewed  for  two  years  as  a  primary 
teacher  only. 


CODE   OF  PUBLIC  INSTRUCTION.  83 

Sec.  145.  All  applicants  for  certificate  who  shall  at-  ^|hpcaasnsts 
tain  the  required  percentage  in  eight  of  the  designated  subjects* 
subjects,  but  not  in  all,  shall  be  credited  for  those  sub- 
jects in  which  they  shall  have  passed,  and,  upon  pass- 
ing the  required  percentages  in  the  remaining  subjects 
at  the  next  subsequent  examination,  shall  receive  a 
certificate  in  accordance  with  the  result  of  both  exam- 
inations: Provided,  That  this  shall  not  be  construed  as 
applying  to  those  passing  for  a  third  grade  certificate. 

Sec.  146.  Any  teacher  to  whom  a  certificate  has  been 
granted  by  any  county  board  of  examiners  in  this 
state,  or  by  lawful  examiners  in  any  other  state  or  ter- 
ritory, the  requirements  to  obtain  which  shall  not  have 
been  less  than  the  requirements  to  obtain  a  certificate 
in  this  state,  or  any  teacher  holding  a  diploma  or  cer- 
tificate of  graduation  from  any  state  or  territorial  nor- 
mal school,  or  from  the  normal  department  of  the 
university  of  the  State  of  Washington,  may  present 
the  same,  or  a  certified  copy  thereof,  to  the  county 
superintendent  of  any  county  in  this  state  where  said 
teacher  desires  to  teach,  and  it  shall  be  the  duty  of  said  hfteSdents*61 
county  superintendent,  upon  such  evidence  of  fitness  temporary 

.  .-,'"'  ..n     certificates. 

to  teach,  to  grant  to  said  person  a  temporary  certifi- 
cate :  Provided,  That  the  provisions  of  this  clause  shall 
apply  only  to  such  teachers  as  were  not  residents  of  the 
county  at  the  time  of  the  last  preceding  examination, 
or  were  not  able,  by  reason  of  sickness  or  other  una- 
voidable cause,  to  attend  said  examination:  And  pro- 
vided further,  That  the  county  superintendent  may 
require  of  such  a  person  a  written  statement  of  such 
facts,  verified  by  affidavit. 

ARTICLE   IV.  —  GENERAL  PROVISIONS. 

Sec.  147.  All  certificates  issued  by  the  Superintend-  Registration 

J  r  of  certificates 

ent  of  Public  Instruction  shall  be  valid  and  entitle  the 
holder  thereof  to  teach  in  any  county  of  the  state  upon 
being  registered  by  the  county  superintendent  thereof, 
which  fact  shall  be  evidenced  by  him  on  the  certificate 

in  the  words,  "Registered  for  use  in count}'," 

together  with  the  date  of  registry  and  his  official  signa- 
ture :  Provided,  That  a  copy  of  the  original  certificate 


34  CODE   OF  PUBLIC  INSTRUCTION. 

or  diploma  duly  certified  by  the  Superintendent  of 
Public  Instruction  may  be  used  for  the  purpose  of  reg- 
istry and  endorsement  in  lieu  of  the  original. 

^eertmcates.of  Sec.  148.  Any  certificate  named  in  this  act  may  be 
revoked  by  the  authority  entitled  to  grant  the  same 
upon  the  determination  of  sufficient  cause,  after  the 
holder  thereof  shall  have  been  given  an  opportunity 
of  being  heard. 

Chapter  10. —  Elections  and  Meetings, 
article  i. —  general  elections. 
*  Sec.  149.    (As  amended  by  chapter  xli,  Laws  of 

whenheki.  1901.)  The  election  of  district  directors  and  clerks  shall, 
except  as  otherwise  provided  by  law,  be  held  on  the 
second  Saturday  in  May  of  each  year,  at  #the  district 
school  house  if  there  be  one,  or  if  there  be  none,  or 
if  more  than  one,  then  at  a  place  to  be  designated  by 
the  board  of  directors.  Special  school  elections  shall 
be  called  and  conducted  in  the  manner  provided  for 
calling' and  conducting  annual  elections. 

gWektenUdays'  Sec.  150.  The  district  clerk  must  give  at  least  ten 
days'  notice  of  such  school  election,  by  posting  or  caus- 
ing to  be  posted,  written  or  printed  notices  thereof  in 
at  least  three  public  places  in  the  district,  one  of  which 
must  be  the  place  of  holding  the  election.  Said  notice 
must  designate  the  place  of  holding  the  election,  day 
of  holding  the  election,  hours  between  which  the  polls 
are  to  be  kept  open,  names  and  offices  for  which  per- 
sons are  to  be  elected,  and  terms  of  office,  with  a  state- 
ment of  any  other  questions  which  the  board  of  directors 
may  desire  to  submit  to  the  electors  of  said  district. 
Notices  must  be  signed  by  the  district  clerk  "  By  order 
of  the  board  of  directors."    Unless  otherwise  designated 

Pons  must  be  in  the  notice  of  election,  the  polls  shall  be  open  at  one 

open,  when. 

o'clock  in  the  afternoon  and  close  at  four  o'clock  in  the 
afternoon,  but  the  board  of  directors  may,  previous  to 
giving  notice  of  election,  determine  on  an  hour  before 
one  o'clock,  but  not  earlier  than  nine  o'clock  in  the 
forenoon  for  opening  the  polls,  and  for  closing  an  hour 
after  four  o'clock,  but  not  later  than  eight  o'clock  in 

*This  provision  went  into  effect  March  1,  1901. 


CODE   OF   PUBLIC  INSTRUCTION.  85 

the  afternoon.  In  no  case  shall  the  polls  be  open  be- 
fore the  hour  named  in  the  notice,  nor  kept  open  after 
the  hour  fixed  for  closing  the  polls,  but  if  there  is  not 
a  sufficient  number  of  electors  present  at  the  hour 
named  for  opening  the  polls  to  constitute  a  board  of 
election,  it  shall  be  lawful  to  open  the  polls  as  soon 
thereafter  as  a  sufficient  number  of  electors  is  present: 
Provided,  That  in  cities  and  incorporated  towns  the  ^^rated 
polls  shall  open  not  later  than  one  o'clock  in  the  after- towns- 
noon  and  close  not  earlier  than  eight  o'clock  in  the 
afternoon. 

Sec.  151.  At  the  hour  fixed  for  opening  the  polls  the  ^q1^011 
electors  present  shall  select  two  electors  to  act  as  judges 
of  the  election  and  one  elector  to  act  as  clerk  of  the 
election,  and  the  three  selected  shall  constitute  the 
election  board  ;  and  no  election  shall  be  held  unless  an 
election  board  is  so  constituted  and  qualified.  The 
judges  and  clerk  aforesaid  shall,  before  entering  upon  officers  must 
the  duties  of  their  office,  severally  take  and  subscribe 
an  oath  or  affirmation  faithfully  to  discharge  the  duties 
as  such  officers  of  the  election,  said  oath  or  affirmation 
to  be  administered  by  any  school  officer  or  other  person 
authorized  to  administer  oaths.  The  judges  shall,  be- 
fore they  commence  receiving  ballots,  cause  to  be  pro- 
claimed aloud  at  the  place  of  voting  that  the  polls  are 
now  open. 

Sec.  152.  The  voting  shall  be  by  ballot.    The  ballots  Formofbaiiot. 
shall  be  a  paper  ticket  containing  the  names  of  the  per- 
sons for  whom  the  electors  intend  to  vote,  and  desig- 
nating the  office  to  which  such  person  so  named  is 
intended  by  him  to  be  chosen.     Whenever  any  person  Yote*  , 

J  •/    r  received. 

offers  to  vote,  one  of  the  judges  shall  pronounce  his  name 
in  an  audible  voice,  and  if  there  be  no  objections  to  the 
qualification  of  such  person  as  an  elector,  he  shall  re- 
ceive the  ballot  in  the  presence  of  the  election  board 
and  deposit  the  same  without  being  opened  or  ex- 
amined in  the  ballot  box,  and  the  clerk  shall  immedi- 
ately enter  the  name  upon  the  list  headed  "  Names  of 
voters." 

Sec.  153.  (As  amended  by  H.  B.  472,  Laws  of  1899). 


86 


CODE   OF   PUBLIC  INSTRUCTION. 


Qualification 
of  electors. 


Voter  may  be 
challenged. 


Every  person,  male  or  female,  over  the  age  of  twenty- 
one  years,  who  shall  have  resided  in  the  school  district 
for  thirty  days  immediately  preceding  any  school  elec- 
tion, and  in  the  state  one  year,  and  is  otherwise,  except 
as  to  sex,  qualified  to  vote  at  any  general  election,  shall 
be  a  legal  voter  at  any  school  election,  and  no  other 
person  shall  be  allowed  to  vote :  Provided,  That  regis- 
tration for  purposes  of  school  election  shall  not  be 
required  except  in  cities  of  ten  thousand  or  more  inhab- 
itants. Persons  offering  to  vote  may  be  challenged  by 
any  legally  qualified  school  elector  of  the  district,  and 
one  of  the  judges  of  election  shall  thereupon,  before 
receiving  his  vote,  administer  to  the  person  challenged 
an  oath  in  substance  as  follows :  "You  do  swear,  (or 
affirm)  that  you  are  a  citizen  of  the  United  States,  or 
have  declared  your  intention  to  become  such  ;  that  you 
are  twenty-one  years  of  age,  according  to  your  infor- 
mation and  belief,  and  that  you  have  resided  in  this 
district  thirty  days  next  preceding  this  election,  and  in 
the  state  one  year,  and  that  you  have  not  voted  before 
on  this  day."  If  he  shall  refuse  to  take  the  oath,  his 
vote  shall  be  rejected.  Any  person  guilty  of  illegal 
voting  shall  be  punished  as  provided  in  the  general 
election  laws  of  the  state. 
closing  pons.  Sec.  154.  When  the  polls  are  closed,  proclamation 
thereof  shall  be  made  at  the  place  of  voting,  and  no 
vote  shall  afterward  be  received.  As  soon  as  the  polls 
are  closed,  the  judges  shall  open  the  ballot  box  and 
commence  counting  the  votes,  and  in  no  case  shall  the 
ballot  box  be  removed  from  the  room  in  which  the 
election  is  held  until  all  the  votes  are  counted.  The 
counting  shall  be  in  public.  The  ballots  shall  be  taken 
out  one  by  one,  by  one  of  the  judges,  who  shall  open 
them  and  read  aloud  the  name  of  each  person  con- 
tained therein,  and  the  office  for  which  such  person 
was  voted  for.  The  clerk  shall  write  down  each  office 
to  be  filled  and  the  name  of  such  person  voted  for  for 
such  office,  and  shall  keep  the  number  of  votes  by  tal- 
lies as  they  are  read  aloud  by  one  of  the  judges.  The 
counting  of  the  votes  shall  continue  without  adjourn- 


Canvass  of 
returns. 


CODE   OP  PUBLIC  INSTRUCTION.  87 

ment  until  all  the  votes  are  counted.     No  ticket  shall 
be  rejected  on  account  of  form  or  mistake  in  the  initials  SKS!601 
or  spelling  of  names,  if  the  judges  can   determine  to 
their  satisfaction  the  person  voted  for  and  the  office 
intended.     After  the  result  of  the  election  is  duly  can- 
vassed and  officially  declared,  the  clerk  of  the  election  g^SSeto* 
shall  forward  the  poll  sheet  thereof  to  the  county  su-  f^dent!*1"" 
perintendent,  who  shall  preserve  the  same  on  file  in 
his  office. 

Sec.  155.  Persons  having  the  highest  number  of  SfeiStfonf 
votes  given  for  each  office  shall  be  declared  duly  elected, 
and  the  clerk  of  election  shall  immediately  make  out 
and  deliver  to  each  person  so  elected  a  certificate  of 
election.  The  clerk  of  election  shall  also  make  out  a 
certificate  showing  the  persons  elected  to  each  office  at 
such  election,  with  oaths  of  office  of  persons  elected 
attached,  and  mail  such  certificate  and  oaths  to  the 
county  superintendent  of  schools  of  the  county  in 
which  the  election  is  held.  If  two  persons  have  anTievotes- 
equal  and  highest  number  of  votes  for  one  and  the 
same  office,  they  shall,  within  ten  days  after  the  elec- 
tion, appear  before  the  clerk  of  election  of  said  district 
and  publicly  decide  by  lot  which  of  the  persons  so 
having  an  equal  number  of  votes  shall  be  declared 
elected,  and  the  clerk  of  election  shall  make  out  and 
deliver  to  the  person  thus  declared  elected  a  certificate 
of  his  election,  and  notify  the  county  superintendent 
of  the  county  as  before  provided.  If  the  persons  above 
named  do  not,  within  ten  days  after  election,  thus  de- 
cide, the  office  shall  be  declared  vacant  by  the  clerk  of 
election,  and  the  county  superintendent  shall,  when 
notified  of  the  vacancy,  fill  the  same  by  appointment. 

ARTICLE   II. —  SPECIAL  MEETINGS. 

Sec.  156.  (As  amended  by  chapter  clxxvii,  Laws  of 
1901 ).  Any  board  of  directors  may,  at  its  discretion  and  ^f^i ^fhat 
shall,  upon  a  petition  of  the  majority  of  the  legal  voters  mi^thereat 
of  their  district,  call  a  special  meeting  of  the  voters  of 
the  district,  to  determine  the  length  of  time  in  excess  of 
the  minimum  length  of  time  prescribed  by  law  that 
school  shall  be  maintained  in  the  district  during  the 


CODE  OF   PUBLIC  INSTRUCTION. 


Elections  at 
the  school 
house. 


Clerk  to  give 
ten  days' 
notice. 


Election 
officers. 


Records  of. 


Directors  to 
carry  out  vote 


school  year  ;  to  determine  whether  or  not  the  district 
shall  purchase  any  school  house  site  or  sites,  and  to 
determine  the  location  thereof;  or  to  determine  whether 
or  not  the  district  shall  build  one  or  more  school 
houses  ;  or  to  determine  whether  or  not  the  district 
shall  maintain  one  or  more  free  kindergartens  ;  or  to 
determine  whether  or  not  the  district  shall  sell  any  real 
or  personal  property  belonging  to  the  district,  borrow 
money  or  establish  and  maintain  a  school  district 
library. 

Sec.  157.  All  such  special  meetings  shall  be  held  at 
the  school  house,  if  there  be  one,  or  if  there  be  none 
or  more  than  one,  then  at  such  school  house  or  place 
as  the  board  of  directors  may  determine.  At  least  ten 
days'  notice  of  such  special  meeting  shall  be  given  by 
the  district  clerk,  in  the  manner  that  notice  is  required 
to  be  given  of  the  annual  school  election,  which  notice 
shall  state  the  object  or  objects  for  which  the  meeting 
is  to  be  held,  and  no  other  business  shall  be  transacted 
at  such  meeting  than  such  as  is  specified  in  the  notice. 
The  district  clerk  shall  be  clerk  of  the  meeting,  and 
the  chairman  of  the  board  of  directors  or,  in  his 
absence,  the  senior  director  present,  shall  be  chairman 
of  the  meeting :  Provided,  That  in  the  absence  of  one 
or  all  of  said  officers,  the  qualified  electors  present  may 
elect  a  chairman  or  clerk,  or  both  chairman  and  clerk, 
of  said  meeting  as  occasion  may  require,  from  among 
their  number.  The  clerk  of  the  meeting  shall  make  a 
record  of  the  proceedings  of  the  meeting,  and  when  the 
clerk  of  such  meeting  has  been  elected  by  the  qualified 
voters  present,  he  shall  within  ten  days  thereafter,  file 
the  record  of  the  proceedings,  duly  certified,  with  the 
clerk  of  the  district,  and  said  record  shall  become  a 
part  of  the  records  of  the  district,  and  be  preserved  as 
other  records. 

Sec.  158.  It  shall  be  the  duty  of  every  board  of  di- 
rectors to  carry  out  the  directions  of  the  electors  of 
their  districts  as  expressed  at  any  such  meeting. 


CODE   OF  PUBLIC  INSTRUCTION.  89 

Chapter  11. — Penalties. 

Sec.  159.  Any  member  of  the  State  Board  of  Educa-  SSS^SS* 
tion,  or  any  employe  of  the  state,  who  shall,  directly  or  que 
indirectly,  disclose  any  questions  prepared  for  ex- 
aminations, shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  in  any  sum 
not  less  than  one  hundred  nor  more  than  five  hundred 
dollars. 

Sec.  160.  If  any  county  superintendent  fails  to  make  ^n^supe^ 
a  full  and  correct  report  to  the  Superintendent  of  Public  ma^re^n. 
Instruction  of  all  statements  required  by  him,  he  shall 
forfeit  the  sum  of  fifty  dollars  from  his  salary,  and  the 
board  of  county  commissioners  are  hereby  authorized 
and  required  to  deduct  therefrom  the  sum  aforesaid 
upon  the  information  from  the  Superintendent  of  Pub- 
lic Instruction  that  such  reports  have  not  been  made. 

Sec.  L61.  Any  officer  or  person  collecting  or  receiv-  topay over 
ing  any  such  fines,  forfeitures  or  other  moneys,  and 
refusing  or  failing  to  pay  over  the  same,  as  required 
by  law,  shall  forfeit  double  the  amount  so  withheld, 
and  interest  thereon  at  the  rate  of  five  per  cent,  per 
month  during  the  time  of  so  withholding  the  same  ; 
and  it  shall  be  a  special  duty  of  the  county  superintend- 
ent of  schools  to  supervise  and  see  that  the  provisions 
of  this  section  are  fully  complied  with,  and  report 
thereon  to  the  county  commissioners  semi-annually  or 
oftener. 

Sec  162.  Upon  complaint  in  writing  being  made  to  ii£eetorsrteo0f 
any  county  superintendent  by  any  district  clerk,  or  by  ?ul°07h>.|tene. 
any  head  of  family,  that  the  board  of  directors  of  the 
district  of  which  said  clerk  shall  hold  his  office,  or  said 
head  of  family  shall  reside,  have  failed  to  make  pro- 
vision for  the  teaching  of  hygiene,  with  special  refer- 
ence to  the  effects  of  alcoholic  drink,  stimulants  and 
narcotics  upon  the  human  system,  as  provided  in  this 
act,  in  the  common  schools  of  such  district,  it  shall  be 
the  duty  of  such  county  superintendent  to  investigate 
at  once  the  matter  of  such  complaints,  and  if  found  to 
be  true,  he  shall  immediately  notify  the  county  treasurer 
of  the  county  in  which  such  school  district  is  located, 


90  CODE   OF   PUBLIC   INSTRUCTION. 

and  after  the  receipt  of  such  notice,  it  shall  be  the  duty 
of  such  county  treasurer  to  refuse  to  pay  any  warrants 
drawn  upon  him  by  the  board  of  directors  of  such 
district  subsequent  to  the  date  of  such  notice  and  until 
he  shall  be  notified  to  do  so  by  such  county  superin- 
tendent. Whenever  it  shall  be  made  to  appear  to  the 
said  county  superintendent,  and  he  shall  be  satisfied, 
that  the  board  of  directors  of  such  district  are  com- 
plying with  the  provisions  of  said  section  of  this  act, 
and  are  causing  physiology  and  hygiene  to  be  taught 
in  the  public  schools  of  such  district  as  hereinbefore 
provided,  he  shall  notify  said  county  treasurer,  and 
said  treasurer  shall  thereupon  honor  the  warrants  of 
said  board  of  directors. 
For  failure  of        Sec.  163.  Any    county    superintendent   of    common 

county  super-  J  J  x 

intendent  to     schools   who  shall  fail  or  refuse  to   comply  with  the 

enforce  teach-  L    J 

ing  of  hygiene.  provisions  of  the  preceding  section  shall  be  liable  to  a 
penalty  of  one  hundred  dollars,  to  be  recovered  in  a 
civil  action  in  the  name  of  the  state  in  any  court  of 
competent  jurisdiction,  and  the  sum  recovered  shall  go 
into  the  state  school  fund  ;  and  it  shall  be  the  duty  of 
the  prosecuting  attorneys  of  the  several  counties  of  the 
state  to  see  that  the  provisions  of  this  section  are  en- 
forced. 

For  failure  of        Sec.  164.  In  case  the  district  clerk  fails  to  make  the 

clerk  to  make 

report.  reports  herein  provided  at  the  proper  time  and  in  the 

proper  manner,  he  shall  forfeit  and  pay  to  the  district 
the  sum  of  twenty-five  dollars  for  each  and  every  such 
failure.  He  shall  also  be  liable  if,  through  such  neglect, 
the  district  fails  to  receive  its  just  apportionment  of 
school  moneys,  for  the  full  amount  so  lost.  Each  and 
all  of  said  forfeitures  shall  be  recovered  in  a  suit 
brought  by  the  county  superintendent  or  by  any  citizen 
of  such  district,  in  the  name  and  for  the  benefit  of  such 
district. 

For  failure  Sec.  165.  Any  school  officer  who  shall  refuse  or  fail 

to  deliver  J  , .  „     ,  , 

property.  to  deliver  to  his  qualified  successor  all  books,  papers, 
records  and  moneys  pertaining  to  his  office,  or  who 
shall  willfully  mutilate  or  destroy  any  such  property, 
or  any  part  thereof,  or  who  shall  misapply  moneys  en- 


CODE   OF  PUBLIC  INSTRUCTION.  91 

trusted  to  him  by  virtue  of  his  office,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall,  upon  conviction 
thereof,  be  punished  by  a  fine  not  to  exceed  one  hun- 
dred dollars. 

Sec.  166.  Any  teacher  who  willfully  refuses  or  neg-  SorSoourae 
lects  to  enforce  the  course  of  study  or  the  rules  and  of  study" 
regulations  required  by  the  state  board  of  education, 
shall  not  be  allowed  by  the  directors  any  warrant  for 
salary  due  until  said  teacher  shall  have  complied  with 
said  requirements. 

Sec.  167.  Any  teacher  who  shall  maltreat  or  abuse  o°pupiis.e 
any  pupil  by  administering  any  undue  punishment,  or 
who  shall  inflict  punishment  on  the  head  or  face  of  a 
pupil,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  before  any  court  of  competent 
jurisdiction,  shall  be  fined  in  any  sum  not  exceeding 
one  hundred  dollars. 

Sec.  168.  Any  teacher  failing  to  attend  once  in  each  ft°endance 

...     ,       •  ,  c    ,t    •  -I  at  institute 

year  an  institute  in  some  county  of  this  state,  unless 
on  account  of  sickness,  or  for  other  good  and  sufficient 
reasons  satisfactory  to  the  Superintendent  of  Public  In- 
struction, may  have  any  certificate  he  may  hold  for- 
feited by  order  of  the  Superintendent  of  Public  Instruc- 
tion :  Provided,  That  said  forfeiture  shall  be  duly 
published  after  the  said  teacher  shall  have  been  given 
opportunity  to  present  his  reasons  for  such  non-attend- 
ance, and  after  action  thereon. 

Sec.  169.  Any  parent,  guardian  or  other  person,  who  Racier11* 
shall  insult  or  abuse  a  teacher  in  the  presence  of  the 
school,  or  anywhere  on  the  school  grounds  or  premises, 
shall  be  deemed  guilty  of  a  misdemeanor  and  be  liable 
to  a  fine  of  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars. 

Sec.  170.  Any  person  who  shall  willfullv  disturb  anv  ^or  disturb- 

J    xr  J  .     mg  .school. 

school  or  school  meeting  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  be  fined  in  any  sum 
not  more  than  fifty  dollars. 

Sec.  171.  Any  person  summoned  before  a  superior  F^n^ance 
judge  to  answer  why  he  has  not  kept  the  children  under  at  schooL 
his   care  in   school  as  provided  in  the  law  relating  to 


92 


CODE   OF  PUBLIC   INSTRUCTION. 


For  defacing 
property. 


For  violating 

vivisection 

law. 


For  failure 
to  use  text- 
books or 
follow  course 
of  study. 


Apportion- 
ment of  funds 


school  attendance,  and  failing  to  show  satisfactory  cause 
for  his  refusal  or  neglect  to  comply  with  such  law,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  fined  in  a  sum 
of  not  less  than  ten  nor  more  than  twenty-five  dollars 
for  each  offense,  and  the  said  fine  when  collected  shall 
be  placed  to  the  credit  of  the  school  district  wherein 
the  person  so  fined  resides. 

Sec.  172.  Any  pupil  who  shall  cut,  deface  or  other- 
wise injure  any  school  house,  furniture,  fence  or  out- 
building thereof,  or  any  books  belonging  to  the  district 
library,  shall  be  liable  to  suspension  and  punishment, 
and  the  parent  or  guardian  of  such  pupil  shall  be  liable 
for  damages,  on.  complaint  of  the  teacher  or  of  any 
director,  and  upon  proof  of  the  same. 

Sec.  173.  Any  person  violating  the  provisions  of  this 
act  relating  to  vivisection  and  dissection  in  schools 
shall,  upon  conviction  thereof,  be  deemed  guilty  of  a 
misdemeanor,  and  be  fined  in  any  sum  of  not  less  than 
fifty  nor  more  than  one  hundred  dollars. 

Sec.  174.  Any  district  using  text-books  other  than 
those  prescribed  by  the  state  board  of  education,  or  any 
district  failing  to  comply  with  the  course  of  study  pre- 
scribed by  the  state  board  of  education,  or  any  district 
in  which  warrants  are  issued  to  a  teacher  not  legally 
qualified  to  teach  in  the  common  school  of  the  said 
district,  shall  forfeit  twenty-five  per  cent  of  their  school 
fund  for  that  or  the  subsequent  year,  and  it  is  hereby 
made  the  duty  of  the  county  superintendent  to  deduct 
said  amount  from  the  apportionment  to  be  made  to 
any  district  failing  in  either  or  all  of  the  above  require- 
ments, and  the  amounts  thus  deducted  shall  revert  to 
the  general  school  funds  of  the  state,  and  the  county 
treasurer  shall  return  the  same  to  the  state  treasurer 
for  reapportionment. 

Sec.  175.  (As  amended  by  H.  B.  472,  Laws  of  1899). 
No  school  district  shall  be  entitled  to  receive  any  ap- 
portionment of  school  moneys  which  shall  not  have 
maintained  school  for  the  time  required  by  law  during 
the  preceding  school  year:  Provided,  That  any  new  dis- 
trict formed  from  the  division  of  an  old  one  shall  be 


CODE   OF   PUBLIC  INSTRUCTION.  93 

entitled  to  its  just  share  of  school  moneys  when  the 
time  that  school  was  maintained  in  the  old  district  be- 
fore division,  and  in  the  new  one  after  division,  shall 
be  equal  to  at  least  the  time  required  by  law  in  the  old 
district:  Provided  further,  That  if  any  school  district 
has  heretofore  failed  to  receive  apportionment  of  state 
school  funds  because  of  failure  to  hold  school  the  time 
required  by  law,  and  there  are  unpaid  warrants  drawn 
on  the  general  funds  of  said  district  for  maintenance 
of  school  prior  to  the  said  failure,  the  Superintendent 
of  Public  Instruction  shall  apportion  to  the  county,  at 
the  time  of  the  next  regular  apportionment  of  state 
school  funds,  an  additional  amount  sufficient  to  pay 
said  warrants  and  interest  on  the  same  to  the  date  on 
which  said  apportionment  is  made. 

Chapter  12. — General  Provisions. 
Sec.  176.  Whenever  the  word  "he"  or  "his"  occurs  ^°°oun^ 

he     and 

in  this  act,  referring  to  either  the  members  of  the  city  "hls" 
board  of  directors,  county  superintendents  of  common 
schools,  city  superintendents,  directors,  clerks,  State 
Board  of  Education  or  other  school  officers,  it  shall  be 
understood  to  mean  also  "she"  or  "her,"  and  any  ^omen  may 
woman  possessing  all  of  the  qualifications  of  an  elector 
except  as  to  sex,  and  possessing  all  of  the  other  quali- 
fications required  by  law  for  such  offices,  shall  be  eli- 
gible to  hold  such  offices. 

Sec.  177.  (As  amended  by  chapter  clxxvii,  Laws 
of  1901).  Any  parent  or  guardian,  who,  after  being  p^1^^ 
notified  by  the  county  school  superintendent  of  the  to"chooidren 
provisions  of  the  law  relative  to  children  attending 
school,  shall  further  refuse  or  neglect  to  send  such 
child  to  school,  shall,  upon  complaint  of  the  county 
superintendent,  be  summoned  before  the  judge  of  the 
Superior  Court,  who  shall  have  power  to  remove  any 
child,  if  an  orphan,  who  fails  to  attend  school  as  re- 
quired by  law,  and  place  it  in  the  care  of  some  other 
person  who  will  be  likely  to  send  such  child  to  school, 
or  if  the  child  be  under  the  care  of  a  parent  or  parents, 
then  said  judge  shall  have  power,  upon  the  complaint 


Power  of 
court. 


94 


CODE   OF   PUBLIC  INSTRUCTION. 


Issuance 
of  order. 


Proviso. 


Vivisection 
forbidden. 


Dissection 
permitted, 
when. 


Display  of 
United 
States  flag. 


of  the  county  school  superintendent,  to  summon  such 
child  and  such  parent  or  parents  before  him,  and  if  he 
shall,  upon  inquiry,  find  the  said  child  has  not  already 
attained  a  reasonable  proficiency  in  the  common  school 
branches  for  the  first  eight  years  outlined,  in  the  course 
of  study  for  common  schools  for  the  State  of  Wash- 
ington, he  shall  issue  an  order  commanding  such  parent 
or  parents  to  place  such  child  in  school,  if  school  be 
then  in  session,  or  immediately  when  school  shall  re- 
sume, if  school  be  not  in  session,  or  appear  before  him 
and  show  cause  for  the  neglect  or  refusal  so  to  do  : 
Provided,  That  the  county  attorney  shall  act  as  attorney 
for  the  county  superintendent  in  all  court  proceedings 
relating  to  the  compulsory  attendance  of  children  in 
school  as  required  by  law. 

Sec.  178.  No  teacher  or  other  person  employed  in 
any  school  in  the  State  of  Washington,  except  a  med- 
ical or  dental  school  or  the  medical  or  dental  department 
of  any  school,  shall  practice  vivisection  upon  any  verte- 
brate animal  in  the  presence  of  any  pupil  in  said 
school,  or  any  child  or  minor  there  present;  nor  in 
such  presence  shall  exhibit  any  vertebrate  animal  upon 
which  vivisection  has  been  practiced. 

Sec.  179.  Dissection  of  dead  animals,  or  any  portion 
thereof,  in  the  schools  of  the  State  of  Washington  shall, 
in  no  instance,  be  for  the  purpose  of  exhibition,  but  in 
every  case  shall  be  confined  to  the  class  room  and  the 
presence  of  those  pupils  engaged  in  the  study  to  be 
illustrated  by  such  dissection. 

Sec.  180.  That  the  board  of  directors  in  the  several 
school  districts  of  this  state  shall  procure  a  United 
States  flag,  and  shall  display  said  flag  upon  or  near 
each  public  school  building  during  school  hours,  except 
in  unsuitable  weather  and  at  such  other  times  as  to 
said  board  may  seem  proper ;  and  the  necessary  fund 
to  defray  the  expenses  to  be  incurred  for  such  flags 
and  appliances  shall  be  assessed  and  collected  in  the 
same  manner  as  moneys  are  now  raised  by  law  for 
public  school  purposes. 

Sec.  181.  The  board  of  directors  of  any  school  dis- 


CODE   OP   PUBLIC  INSTRUCTION.  •        95 

trict  contemplated  by  this  act  shall  have  power  to 
establish  and  maintain  free  kindergartens  in  connec-  gartensnder 
tion  with  the  common  schools  of  said  district  for  the 
instruction  of  children  between  the  ages  of  four  and 
seven  years,  residing  in  said  district,  and  shall  estab- 
lish such  courses  of  training,  study  and  discipline,  and 
such  rules  and  regulations  governing  such  preparatory 
or  kindergarten  schools  as  said  board  may  deem  best : 
Provided,  That  nothing  in  this  act  shall  be  construed 
to  change  the  law  relating  to  the  taking  of  the  census 
of  the  school  population  or  the  apportionment  of  state 
and  county  school  funds  among  the  several  counties 
and  districts  in  this  state:  Provided  further,  That  the 
cost  of  establishing  and  maintaining  such  kindergar-  byspecfana^ 
tens  shall  be  paid  from  the  special  school  fund  voted 
by  the  electors  of  said  districts,  for  this  purpose ;  and 
the  said  kindergartens  shall  be  a  part  of  the  public 
school  system  and  governed,  as  far  as  practicable,  in 
the  same  manner  and  by  the  same  officers  as  is  now,  or 
hereafter  may  be,  provided  by  law  for  the  government 
of  the  other  public  schools  of  this  state :  Provided  further, 
That  teachers   of  kindergarten    schools   shall   have   a  Diplomas  of 

0  teachers  in. 

diploma  from  some  reputable  kindergarten  training 
school,  or  pass  such  examination  on  kindergarten  work 
as  the  kindergarten  department  of  the  state  normal 
schools  may  direct. 

TITLE  IV.— HIGHER   AND   SPECIAL  INSTITUTIONS. 

Chapter  1.— University  of  Washington. 

article  i.— administration. 

Sec.  182.  The  state  university,  as  heretofore  located  ^;.';'t'^h 
and  established  in  the  city  of  Seattle,  county  of  King, 
shall    be    designated    and    named    the    University    of 
Washington. 

Sec.  183.  The  aim  and  the  purpose  of  the  University  p,j™s<f 
of  Washington  shall  be  to  provide  for  students  of  both 
sexes,  on  equal  terms,  a  liberal  instruction  in  the  differ- 
ent branches  of  literature,  science,  art,  law,  medicine, 
military  science  and  such  other  departments  of  instruc- 
tion as  may  be  established  therein  from  time  to  time 


96 


CODE   OP   PUBLIC  INSTRUCTION. 


Tuition. 


Admission 
of  students 


Board  of 

regents. 


Term  of  office. 


Quorum. 


Four  member; 
from  King 
county. 


Vacancy. 


by  the  board  of  regents.  Tuition  in  the  University  of 
Washington,  except  as  may  be  provided  by  the  board 
of  regents  with  reference  to  the  arts  or  to  special  courses 
of  study,  shall  be  free  to  all  bona  fide  residents  of  this 
state.  Non-residents  of  this  state  shall  be  admitted  to 
the  said  university  on  such  terms  as  may  from  time  to 
tim\e  be  prescribed  by  the  board  of  regents.  The  said 
university  shall,  as  far  as  practicable,  begin  its  course 
of  study  in  its  literary  and  scientific  departments  at  the 
points  where  the  same  are  completed  in  the  public  high 
schools  of  the  state.  No  student  shall  be  admitted  ex- 
cept upon  examination  satisfactory  to  the  faculty  of  the 
university:  Provided,  however,  That  students  shall  be 
admitted  without  examination  upon  presentation  of  cer- 
tificate from  those  public  high  schools  and  other  edu- 
cational institutions  in  this  state  whose  courses  of  study 
shall  have  been  approved  by  said  faculty  of  the  uni- 
versity, such  certificates  to  show  the  completion  of  a 
course  of  study  on  the  part  of  applicants,  which  said 
faculty  shall  deem  equivalent  to  the  course  of  study 
necessary  for  admission  under  examination. 

Sec.  184.  The  government  of  the  University  of 
Washington  shall  be  vested  in  a  board  of  regents  to 
consist  of  seven  members  who  shall  be  appointed  by 
the  Governor  of  the  state,  by  and  with  the  advice  and 
consent  of  the  Senate,  and  who  shall  hold  their  offices 
respectively  for  a  term  of  six  years  from  the  second 
Monday  in  March  next  succeeding  their  appointment 
and  until  their  successors  shall  be  appointed  and  shall 
qualify  :  Provided,  That  regents  now  serving  upon  such 
board  shall  continue  as  such  during  the  terms  for  which 
they  were  respectively  appointed.  Four  members  of 
said  board  shall  constitute  a  quorum  for  the  transac- 
tion of  business,  and  it  shall  be  the  duty  of  the  Gov- 
ernor to  appoint  at  least  four  members  of  said  board 
from  the  citizens  of  the  city  of  Seattle  or  county  of 
King  in  order  that  a  quorum  of  said  board  may  always 
be  near  the  said  university.  Whenever  there  shall  be 
a  vacancy  in  the  said  board  of  regents,  from  any  cause 
whatever,  it  shall  be  the  duty  of  the  Governor  to  fill 


CODE   OF  PUBLIC  INSTRUCTION.  97 

such  office  by  appointment,  and  the  person  or  persons 
so  appointed  shall  continue  in  office  until  the  close  of 
the  legislature  next  thereafter,  or  until  others  are  ap- 
pointed and  qualified  in  their  stead.  Each  regent  be-  ^feeo*thnust 
fore  entering  upon  the  duties  of  his  office  must  qualify 
by  taking  the  usual  oath  of  office  before  some  officer 
authorized  by  law  to  administer  the  same  and  file  a 
copy  of  said  oath  with  the  Secretary  of  State. 

Sec.  185.  The  board  shall  organize  by  the  election  ofrboardation 
from  its  number  a  president  and  an  executive  com- 
mittee, of  which  committee  the  president  shall  be  ex 
officio  chairman.  The  board  shall  hold  regular  quar-  Meetings. 
terly  meetings,  and  during  the  interim  between  such 
meetings  the  executive  committee  may  transact  business 
for  the  whole  board :  Provided,  That  the  executive  com- 
mittee may  call  special  meetings  of  the  whole  board 
when  such  action  is  deemed  necessary. 

Sec.  186.  The  board  of  regents  may  adopt  by-laws  or  £°tY!Js-and 
rules  and  regulations  for   its  own   government.     The 
powers  and  duties  of  the  board  of   regents  are  as  fol- 
lows : 

First.  The  said  board  shall  have  full  control  of  the  ^ouh*J®tr0l 
university  and  its  property  of  various  kinds,  and  shall 
employ  the  president,  members  of  the  faculty,  assistants 
and  employes  of  the  institution,  who  shall  hold 'their 
positions  during  the  pleasure  of  said  board  of  regents. 

Second.  It  shall  be  the  duty  of  the  board   of  regents,  (F00u?seifofbe 
with  the  assistance  of  the  faculty  of  the  university,  to  study' 
prescribe  the   course   of   study  in  the  various  depart- 
ments  of   the  institution  and  to  publish    the   annua! 
catalogue. 

Third.  The  said  board  shall  grant  to  every  student,  ^j-;™'.'; 
upon  graduation,  a  suitable  diploma  or  degree,  such 
student  having  been  recommended  for  such  honor  by 
the  faculty.  The  board  shall  also  have  power,  upon 
recommendation  of  the  faculty,  to  confer  the  usual 
honorary  degrees  upon  other  persons  than  graduates 
of  this  university  in  recognition  of  their  learning  or 
devotion  to  literature,  art   or  science  ;  but   no   degree 

—7 


98 


CODE   OF   PUBLIC  INSTRUCTION. 


Normal 
diplomas 
entitle  holder 
to  teach. 


To  receive  and 
control  funds. 


To  execute 
bonds  to  War 
Department. 


To  make 
a  biennial 
report. 


To  receive  no 
compensation 
except  actual 
expenses. 


Facultv. 


shall  ever  be  conferred  in  the  consideration  of  the 
payment  of  money  or  other  valuable  thing.  Any 
diploma  granted  by  the  normal  department  of  the 
university  shall  entitle  the  holder  to  teach  in  any 
public  school  in  this  state  during  life,  under  regula- 
tions consistent  with  other  provisions  of  law  relating 
to  life  diplomas. 

Fourth.  The  board  of  regents  is  authorized  to  receive 
such  bequests  or  gratuities  as  may  be  granted  to  the 
said  university  and  to  invest  or  expend  the  same  ac- 
cording to  the  terms  of  said  bequests  or  gratuities. 
The  said  board  shall  adopt  proper  rules  to  govern  and 
protect  the  receipt  and  expenditure  of  the  proceeds  of 
all  fees,  bequests  or  gratuities,  and  shall  make  full 
report  of  the  same  in  the  customary  biennial  report  to 
the  Governor,  or  more  frequently  if  required  by  law. 

Fifth.  The  board  of  regents  is  authorized  and  em- 
powered to  give  and  execute,  on  behalf  of  the  State  of 
Washington,  the  bonds  and  other  papers  required  by 
the  war  department  for  the  safe  keeping  of  the  arms 
and  equipments  loaned  by  the  United  States  to  the 
University  of  Washington. 

Sixth.  The  board  of  regents  shall  transmit,  on  the 
first  day  of  January  preceding  each  regular  session  of 
the  legislature,  to  the  Governor,  a  printed  report  of  all 
the  doings  since  their  last  report,  giving  full  informa- 
tion of  the  receipt  and  expenditure  of  money,  furnish 
an  estimate  of  the  needs  of  the  institution,  and  give 
such  information  as  will  be  helpful  to  the  state  author- 
ities in  providing  for  the  said  institution. 

Seventh:  The  members  of  said  board  of  regents  shall 
serve  without  compensation.  Each  regent,  however, 
shall  be  paid  his  actual  traveling  expenses  in  going  to 
and  coming  from  any  meeting  of  said  board,  and  such 
claims  for  expenses  shall  be  audited  on  vouchers  issued 
by  the  president  and  secretary  of  said  board  the  same 
as  any  other  claims  are  vouchered  and  audited. 

Sec.  187.  The  faculty  of  the  University  of  Washing- 
ton shall  consist  of  the  president  and  the  professors, 
and  the  said  faculty  shall  have  charge  of  the  immedi- 


CODE   OF  PUBLIC  INSTRUCTION.  99 

ate  government  of  the  institution  under  such  rules  as 
may  be  prescribed  by  the  board  of  regents. 

Sec.  1S8.  The  University  of  Washington  shall  never  Non-sectarian. 
be  under  the  control  of  any  religious  or  sectarian  de- 
nomination or  society  whatever. 

,Sec.  189.  The  Attorney-General  of  the  State  shall  be  g^JJJ^g   1 
the  legal  advisor  of  the   president  and  the  board  of adviser- 
regents  of  the  university,  and  he  shall  institute  and 
prosecute  or  defend  all  suits  in  behalf  of  the  same. 

Chapter  2— Agricultural  College. 

Sec.  190.  The  State  Agricultural  College,  Experi-  Establish- 
ment  Station  and  School  of  Science  of  the  State  of 
Washington,  as  heretofore  located  at  Pullman,  Whit- 
man county,  shall  be  an  institution  of  learning  open  to 
the  children  of  all  residents  of  this  state,  and  to  such 
other  persons  as  the  board  of  regents  may  determine, 
under  such  rules  and  regulations  as  may  be  prescribed 
by  the  board  of  regents ;  shall  be  non-sectarian  in  char- 
acter, and  devoted  to  practical  instruction  in  agricul-  andaim 
ture,  mechanic  arts,  and  natural  sciences  connected 
therewith,  as  well  as  a  thorough  course  of  instruction 
in  all  branches  of  learning  upon  agricultural  and  other 
industrial  pursuits. 

Sec.  191.  The  Governor  of  the  State  of  Washington,  Ex  officio 

°  '  visitors. 

the  Superintendent  of  Public  Instruction,  members  of 
the  Legislature,  and  county  commissioners  shall  be 
ex  officio  visitors  of  said  college.  .  But  said  visitors  shall 
have  no  power  granted  to  control  the  action  of  the 
board  of  regents  or  to  negative  its  duties  as  defined  by 
law. 

Sec.  192.  The  course  of  instruction  of  said  college  ^"ruction 
shall  embrace  the  English  language,  literature,  mathe- 
matics, philosophy,  civil  and  mechanical  engineering, 
chemistry,  animal  and  vegetable  anatomy  and  physi- 
ology the  veterinary  art,  entomology,  geology,  political 
economy,  rural  and  household  economy,  horticulture, 
moral  philosophy,  history,  mechanics,  and  such  other 
courses  of  instruction  as  shall  be  prescribed  by  the 
board  of  regents.     One  of  the  objects  of  said  college 


100 


CODE   OF   PUBLIC  INSTRUCTION. 


Teachers  of 

physical 

science. 


Duties  of 
regents. 


shall  be  to  train  teachers  of  physical  science,  and 
thereby  further  the  application  of  the  principles  of 
physical  science  to  industrial  pursuits ;  to  collect  in- 
formation as  to  schemes  of  technical  instruction 
adopted  in  other  parts  of  the  United  States  and  in 
foreign  countries,  and  to  hold  farmers'  institutes  at 
such  times  and  places  and  under  such  regulations  as 
the  board  of  regents  may  determine. 

Sec.  193.  The  board  of  regents  shall  provide  that  all 
instruction  given  in  the  college  shall,  to  the  utmost 
practicable  extent,  be  conveyed  by  means  of  practical 
work  on  the  laborator}^  and  shall  provide  in  connec- 
tion with  said  college  the  following  laboratories :  One 
physical  laboratory  or  more,  one  chemical  laboratory 
or  more,  and  one  biological  laboratory  or  more,  and 
suitably  furnish  and  equip  the  same.  Said  board  of 
regents  shall  provide  that  all  male  students  shall  be 
trained  in  military  tactics.  Said  board  of  regents  shall 
establish  a  department  of  said  college  to  be  designated 
the  department  of  elementary  science,  and  in  connec- 
tion therewith  provide  instruction  in  the  following 
subjects:  Elementary  mathematics,  including  elemen- 
tary trigonometary,  elementary  mechanics,  elementary 
and  mechanical  drawing  and  land  surveying.  Said 
board  of  regents  shall  establish  a  department  of  said 
college  to  be  designated  the  department  of  agriculture, 
and  in  connection  therewith  provide  instruction  in  the 
following  subjects — First:  Physics,  with  special  appli- 
ofeStruct1on  cation  of  its  principles  to  agriculture.  Second:  Chem- 
istry, with  special  application  of  its  principles  to 
agriculture.  Third:  Morphology  and  physiology  of 
plants,  with  special  reference  to  the  commonly  grown 
crops  and  their  fungus  enemies.  Fourth:  Morphology 
and  physiology  of  the  lower  forms  of  animal  life,  with 
special  reference  to  insect  pests.  Fifth:  Morphology 
and  physiology  of  the  higher  forms  of  animal  life,  and 
in  particular  of  the  horse,  cow,  sheep  and  swine. 
Sixth:  Agriculture,  with  special  reference  to  the  breed- 
ing and  feeding  of  live  stock,  and  the  best  mode  of 
cultivation   of   farm   produce.       Seventh:   Mining  and 


CODE   OF   PUBLIC   INSTRUCTION.  101 

metallurgy.  And  it  shall  appoint  demonstrators  in 
each  of  these  subjects,  to  superintend  the  equipment 
of  a  laboratory  and  to  give  practical  instruction  in  the 
same.  Said  board  of  regents  shall  establish  an  agri-  ^Pf0r^ment 
cultural  experimental  station  in  connection  with  the 
department  of  agriculture  of  said  college,  appoint  its 
officers  and  prescribe  such  regulations  for  its  manage- 
ment as  it  may  deem  expedient.  Said  board  of  regents 
may  establish  other  departments  of  said  college,  and 
provide  courses  of  instruction  therein,  when  those  are, 
in  its  judgment,  required  for  the  better  carrying  out 
of  the  object  of  the  college. 

Sec.  194.  The  management  of  said  college  and  ex-  StoSSSn 
periment  station,  the  care  and  preservation  of  all  prop-  ave  regents, 
erty  of  which  the  institution  shall  become  possessed, 
the  erection  and  construction  of  all  buildings  necessary 
for  the  use  of  said  college  and  station,  and  the  dis- 
bursement and  expenditure  of  all  money  provided  for 
by  this  chapter,  shall  be  vested  in  a  board  of  five 
regents,  said  five  members  of  the  board  of  regents  shall 
be  appointed  in  the  manner  appointed  by  law;  said 
regents  and  their  successors  in  office  shall  have  the 
right  of  causing  all  things  to  be  done  necessary  to  carry 
out  the  provisions  of  this  chapter.  The  board  of  regents 
provided  for  in  this  chapter  shall  be  appointed  by  the  £gg°£££ent 
governor,  by  and  with  the  consent  of  the  senate,  0neofofflce- 
for  a  term  of  two  years,  two  for  a  term  of  four  years, 
and  two  for  a  term  of  six  years ;  and  each  regent  shall, 
before  entering  upon  the  discharge  of  his  respective  J*^®* 
duties  as  such,  execute  a  good  and  sufficient  bond  to 
the  state  of  Washington,  with  two  or  more  sufficient 
sureties,  residents  of  the  state,  in  the  penal  sum  of  not 
less  than  five  thousand  dollars  ($5,000)  each,  condi- 
tioned for  the  faithful  performance  of  his  duties  as  such 
regent :  Provided,  That  all  appointments  made  to  fill 
vacancies  caused  by  death,  resignation  or  otherwise, 
shall  be  for  the  unexpired  term  of  the  incumbent  whose 
place  shall  have  become  vacant.  All  other  appoint- 
ments made  subsequent  to  the  appointment  of  the  first 
board  of  regents  provided   for  in  this  act,  shall  be  for 


102 


CODE  OF  PUBLIC  INSTRUCTION. 


Three  regents 
from  Eastern 
Washington. 


Organization 
of  board. 


Bond,  $40,000. 


President  of 
college  to  be 
secretary  of 
board. 


Bond,  $5,000. 


Duties  of 
president 
of  the  board. 


Treasurer. 


Secretary. 


the  term  of  six  years  and  until  the  appointment  and 
qualification  of  a  successor  to  each  appointee :  Provided 
further,  That  at  least  three  of  the  members  of  the  board 
of  regents  so  appointed  shall  be  residents  of  Eastern 
Washington  and  one  shall  be  a  resident  of  Western 
Washington:  Provided  further,  That  regents  now  serv- 
ing Vipon  such  board  shall  continue  as  such  during  the 
term  for  which  they  were  respectively  appointed. 

Sec.  195.  The  board  of  regents  of  the  agricultural 
college,  experiment  station  and  school  of  science  shall 
meet  and  organize,  by  the  election  of  its  president  and 
treasurer  from  their  own  number,  on  the  first  Wednes- 
day in  April  of  each  year.  The  person  so  elected  as 
treasurer  shall,  before  entering  upon  the  discharge  of 
his  duties  as  such,  execute  a  good  and  sufficient  bond 
to  the  State  of  Washington  with  two  or  more  sufficient 
sureties,  residents  of  the  state,  in  the  penal  sum  of  not 
less  than  forty  thousand  dollars  ($40,000),  conditioned 
for  the  faithful  performance  of  his  duties  as  such  treas- 
urer, and  that  he  will  faithfully  account  for  and  pay 
over  to  the  person  or  persons  entitled  thereto  all 
moneys  which  shall  come  into  his  hands  as  such  officer, 
which  bond  shall  be  approved  by  the  governor  of  the 
state,  and  shall  be  filed  with  the  secretary  of  state. 
The  president  of  the  college  shall  be  secretary  of  the 
board  of  regents,  and  shall  perform  all  the  duties  per- 
taining to  that  office,  but  shall  not  have  the  right  to 
vote.  The  secretar}'  shall  in  like  manner  as  the  treas- 
urer give  a  bond  in  the  penal  sum  of  not  less  than  five 
thousand  dollars  ($5,000),  conditioned  for  the  faithful 
performance  of  his  duties  as  such  officer. 

Sec.  196.  The  president  of  said  board  shall  be  the 
chief  executive  officer,  shall  preside  at  all  meetings 
thereof  (except  that  in  his  absence  the  board  may  ap- 
point a  president  pro  tempore)  and  sign  all  instruments 
required  to  be  executed  by  said  board.  The  treasurer 
shall  be  the  financial  officer  of  said  board,  shall  keep 
a  true  account  of  all  moneys  received  and  expended  by 
him.  The  secretary  shall  be  the  recording  officer  of 
said  board,  shall  attest  all  instruments  required  to  be 


CODE  OF  PUBLIC  INSTRUCTION.  103 

signed  by  the  president,  and  shall  keep  a  true  record 
of  all  the  proceedings  of  said  board,  and  generally  do 
all  other  things  required  of  him  by  said  board. 

Sec.  197.  The  regents  shall  have  the  power,  and  it  g*gJJ*£enaot 
shall  be  their  duty,  to  enact  laws  for  the  government 
of  said  agricultural  college,  experiment  station  and 
school  of  science :  Provided,  The  board  of  regents 
shall  maintain  at  least  one  experimental  station  in  the 
western  portion  of  the  state. 

Sec.  198.  The  board  of  regents  shall  direct  the  dis-  %£**££££* 
position  of  any  moneys  belonging  to  or  appropriated  troloffunds- 
to  the  agricultural  college,  experiment  station  and 
school  of  science,  established  by  this  act,  and  shall 
make  all  rules  and  regulations  necessary  for  the  man- 
agement of  the  same,  adopt  plans  and  specifications  for 
necessary  buildings,  and  superintend  the  construction 
of  said  buildings,  and  fix  the  salaries  of  professors, 
teachers  and  other  employes,  and  tuition  fees  to  be 
charged  in  said  college. 

Sec.  199.  The  agricultural  experiment  station  pro-  ^tatkmment 
vided  for  in  this  act  in  connection  with  said  agricul-  bycongresi 
tural  college  shall  be  under  the  direction  of  said  board 
of  regents  of  said  college  for  the  purpose  of  conduct- 
ing experiments  in  agriculture  according  to  the  terms 
of  section  one  (1)  of  an  act  of  congress,  approved 
March  2,  1887,  and  entitled  "An  act  to  establish  agri- 
cultural experiment  stations  in  connection  with  the 
colleges  established  in  the  several  states,  under  the  pro- 
visions of  an  act  approved  July  2,  1862,  and  of  the 
acts  supplementary  thereto."  The  said  college  and  ex- 
periment station  shall  be  entitled  to  receive  all  the 
benefits  and  donations  made  and  given  to  similar  in- 
stitutions of  learning  in  other  states  and  territories  of 
the  United  States  by  the  legislation  of  the  congress  of 
the  United  States  now  in  force,  or  that  may  be 
enacted,  and  particularly  to  the  benefits  and  donations 
given  by  the  provisions  of  an  act  of  congress  entitled 
"An  act  donating  public  lands  to  the  several  states  and 
territories  which  may  provide  colleges  for  the  benefit 
of  agriculture  and   mechanic   arts,"  approved    July    '2. 


104 


Assent  to 

congressional 

requirements. 


Meetings  of 
board  of 
regents. 


Regents  mus 
subscribe 
to  oath. 


Expenses  of 

regents. 


CODE   OP  PUBLIC  INSTRUCTION. 

1862,  and  all  acts  supplementary  thereto,  including 
the  acts  entitled  "An  act  to  establish  agricultural  ex- 
periment stations  in  connection  with  colleges  estab- 
lished in  the  several  cities  under  the  provisions  of  an 
act  approved  July  2,  1862,  and  of  the  acts  supple- 
mentary thereto,"  which  said  last  entitled  act  was 
approved  March  2,  1887 ;  also,  "An  act  to  apply  a  por- 
tion of  the  proceeds  of  the  public  lands  to  the  more 
complete  endowment  and  support  of  the  colleges  for 
the  benefit  of  agriculture  and  the  mechanic  arts,  estab- 
lished under  the  provisions  of  an  act  of  congress  ap- 
proved July  2,  1862,"  which  said  last  mentioned  act 
was  approved  August  30,  1890. 

Sec.  200.  The  assent  of  the  Legislature  of  the  State 
of  Washington  is  hereby  given,  in  pursuance  of  the 
requirements  of  section  nine  (9)  of  said  act  of  Con- 
gress, approved  March  2,  1887,  to  the  granting  of 
money  therein  made  to  the  establishment  of  experi- 
ment stations  in  accordance  with  section  one  (1)  of 
said  last  mentioned  act,  and  assent  is  hereby  given  to 
carry  out,  within  the  State  of  Washington,  every  pro- 
vision of  said  act. 

Sec.  201.  The  meetings  of  the  board  of  regents  may 
be  called  in  such  manner  as  the  board  may  prescribe, 
and  the  majority  of  said  board  shall  constitute  a 
quorum  for  the  transaction  of  business ;  but  a  less 
number  may  adjourn  from  time  to  time.  All  meetings 
of  the  said  board  may  be  held  in  the  office  of  the  col- 
lege building.  No  vacancy  in  said  board  shall  impair 
the  rights  of  the  remaining  board.  A  full  meeting  of 
the  board  shall  be  called  at  least  once  a  year. 

Sec.  202.  Each  member  of  the  board  of  regents 
created  by  this  chapter  shall,  before  entering  upon  his 
duties,  take  and  subscribe  an  oath  to  discharge  faith- 
fully and  honestly  his  duties  in  the  premises,  and  to 
perform  strictly  and  impartially  the  same  to  the  best 
of  his  ability ;  said  oath  shall  be  filed  with  the  Secre- 
tary of  State. 

Sec.  203.  The  regents  shall  be  allowed  their  actual 
and  necessary  traveling  expenses  in  going  to  and  re- 


CODE   OP   PUBLIC  INSTRUCTION.  105 

turning  from  all  the  necessary  sessions  of  their  board  ; 
and  also  their  necessary  expenses  while  in  actual  at- 
tendance upon  the  same. 

Sec.  204.  The  board  of  regents  shall,  on  or  before  ^enmai 
the  first  day  of  November  of  each  year,  make  a  full 
and  true  report  in  detail  of  all  their  acts  and  doings 
during  the  previous  year,  their  receipts  and  expendi- 
tures, the  exact  status  of  their  institution,  and  other 
information  they  may  deem  proper  and  useful,  or  which 
may  be  called  for  by  the  Governor,  which  said  report 
shall  be  made  to  the  Governor,  who  shall  transmit  the 
same  to  the  succeeding  session  of  the  Legislature.  A 
copy  of  said  report  shall  be  furnished  to  the  Superin- 
tendent of  Public  Instruction. 

Sec.  205.  The  treasurer  of    said  board  shall  make  SiSSSfment 
disbursements  of  the  funds  in  his  hands  on  the  order 
of  the  board,  which  order  shall  be  countersigned  by 
the  secretary  of  the  board,  and  shall  state  on  what  ac- 
count the  disbursement  is  made. 

Sec.  206.  No    employe  or    member    of     the     board  g°jf£g£P 
created  by  this  chapter  shall  be  interested  pecuniarily,  fnteresTTu  any 
either  directly  or   indirectly,  in   any  contract  for  any  ec 
building  or  improvement  of  said  institution,  or  for  the 
furnishing  of  supplies  for  the  same. 

Sec  207.  The  Governor  of  the  state  shall  be  ex  officio  ^^™ mem. 
advisory  member  of  the   board   provided   for   in   this  b< 
chapter,  but  shall  not   have   the   right  to  vote,  nor  be 
eligible  to  office  therein. 

Sec.  208.  The    board     of     regents   are    hereby    em-  JJ^'g*^ 
powered  to  grant  the  usual   academic  and    honorary 
degrees,    and    to    issue    diplomas   therefor,    upon    the 
recommendations  made  by  the  faculty. 

Sec  209.  It  shall  be  the  duty  of  the  board  of  regents  ^0unpsetlr^teiotbe 
herein  provided  for,  as  soon  after  their  organization  as  ^eSnfcs. 
practicable,  and  as  soon  as  there  shall  be  an  appropria- 
tion therefor  in  the  hands  of  the  State  Treasurer  in 
any  amount  sufficient  to  warrant  the  beginning  the 
erection  of  the  several  buildings  herein  provided  for, 
or  any  wing  or  section  of  the  same,  to  enter  into  con- 
tracts with  one  or   more   contractors   for   the  erection 


106  CODE  OF  PUBLIC  INSTRUCTION. 

and  construction  of  such  suitable  buildings  and  im- 
provements for  the  institution  created  by  this  chapter 
as  in  their  judgment  shall  be  deemed  best,  or  the  funds 
aforesaid  shall  warrant,  all  things  considered  ;  such 
contract  or  contracts  to  be  let  after  open  public  notice 
and  competition  under  such  regulations  as  shall  be 
established  by  said  board  to  the  person  or  persons  who 
offer  to  execute  such  work  on  the  most  advantageous 
terms  :     Provided,  That  in  all   cases   said  board   shall 

giDvnetbontdisto  require  from  contractors  a  good  and  sufficient  bond  for 
the  faithful  performance  of  the  work,  and  the  full  pro- 
tection of  the  state  against  mechanics'  and  other  liens  : 
And  provided  further,  That  the  board  shall  not  have 
the  power  to  enter  into  any  contract  for  the  erection  of 
any  buildings  or  improvements  which  shall  bind  said 
board  to  pay  out  any  sum  of  money  in  excess  of  the 
amount  provided  for  said  purpose. 

architect's'  Sec.  210.     The  board  provided   for  in   this  chapter 

shall  have  power  in  their  discretion  to  employ  skilled 
architects  and  superintendents  to  prepare  plans  and 
specifications,  and  to  supervise  the  construction  of  any 
of  the  buildings  provided  for  in  this  chapter,  and  to  fix 
the  compensation  for  such  services  subject  to  the  pro- 
visions and  restrictions  of  this  act. 

toissue  Sec.  211.  Whenever  there  shall- be  any    money    in 

warrants  on 

proper  funds,  the  hands  of  the  State  Treasurer  to  the  credit  of  any 
of  the  specific  funds  set  apart  for  the  institution  created 
by  this  chapter,  deemed  sufficient  by  the  board  to  com- 
mence the  erection  of  any  of  the  necessary  buildings 
or  improvements,  or  to  pay  the  necessar}^  running  or 
other  expenses  of  said  institution,  the  State  Auditor, 
on  the  request  in  writing  of  said  board,  shall,  and  it  is 
hereby  made  his  duty  to  draw  his  warrant  in  favor  of 
the  treasurer  of  said  board  and  upon  the  state  treasury 
against  the  specific  fund  belonging  to  said  institution 
in  such  sum,  not  exceeding  the  amount  on  hand  in 
such  specific  fund  at  such  time  as  said  board  may  deem 
necessary :  Provided,  That  said  board  shall  draw  said 
money  as  it  may  be  necessary  to  disburse  the  same. 


CODE   OF  PUBLIC  INSTRUCTION.  107 

Chapter  3.— Normal  Schools. 

Sec.  212.  The  state  normal  school  at  Cheney,  the 
state  normal  school  at  New  Whatcom,  the  state  normal  ^lisb" 
school  at  Ellensburg,  and  such  other  state  normal 
schools  as  may  hereafter  be  established,  shall  each  be 
under  the  management  and  control  of  a  board  of  three 
trustees,  to  be  known  as  the  "  Board  of  trustees  of  the  §°i"£orate 
state  normal  school  at  "  At  least  two  mem- 
bers of  each  board  of  normal  school  trustees  shall  be 
residents  of  the  county  in  which  the  school  of  wrhich 
they  are  trustees  is  situated,  said  trustees  to  be  appointed 
by  the  governor,  by  and  with  the  advice  and  consent 
of  the  senate. 

Sec.  213.  All  trustees  of  the  state  normal  schools  #%**££* 
serving  at  the  time  of  the  passage  of  this  act  shall  con- 
tinue to  hold  their  respective  offices  as  such  trustees 
for  the  full  term  for  which  they  were  appointed ;  and 
thereafter  all  trustees  shall  be  appointed  for  six  years, 
except  in  cases  of  appointments  to  fill  vacancies,  in 
which  cases  the  appointment  shall  be  made  for  the  un- 
expired term  of  the  trustees  whose  office  has  become 
vacant.  In  case  of  the  establishment  of  any  additional  Term  of  office. 
state  normal  schools,  unless  otherwise  expressly  pro- 
vided by  law,  the  Governor  shall  appoint  one  trustee 
for  two  years,  one  for  four  years  and  one  for  six  years. 

Sec.  214.  Each  board  of  normal  school  trustees  shall  SSurfnoere. 
elect  one  of  its  members  chairman,  and  it  shall  elect  a 
clerk,  who  may  or  may  not  be  a  member  of  the  board. 
Each  board  shall  have  power  to  adopt  by-laws  for  its  by-laws' 
government  and    for    the  government  of  the   school, 
which  by-laws  shall  not  be  inconsistent  with  the  pro- 
visions of  this  act,  and  to  prescribe  the  duties  of  its 
officers,  committees  and  employes.     A  majority  of  the  Quorum. 
board  shall  constitute  a  quorum  for  the  transaction  of 
all  business. 

Sec  215.  Each  board  of  trustees  shall  have  power,  J°W|JS  and 
and  it  shall  be  its  duty  — 

First:  To  elect  a  principal  for  such  period  as  it  may  JJnog^. 
determine,  and  to  elect  such  other  teachers  and  assist- 
ants as  the  necessities  of  the  school  may  require. 


108 


CODE   OF   PUBLIC   INSTRUCTION. 


To  provide 
a  librarian. 


To  provide 
text-books 


To  have  charge 
of  erection 
of  buildings. 


To  audit 
all  accounts. 


To  provide 
supplies. 


Boarding 
houses. 


Meetings  of 
board. 


Second :  To  provide  a  librarian  for  the  school  who 
shall  have  charge  of  all  books,  maps,  charts  and  ap- 
paratus thereof,  under  such  regulations  as  maybe  pro- 
vided by  law  or  by  the  by-laws  of  the  board  of  trustees  ; 
also  to  choose  a  janitor   and   such   other   employes  as 

ay  become  necessary,  and  for  good  and  lawful 
reasons  to  discharge  any  or  all  such  teachers  and  em- 
ployes. 

Third:  To  adopt  and  provide  the  necessary  text- 
books, and  to  provide  books  of  reference  for  the  use  of 
students  and  teachers,  and  to  provide  for  the  proper 
care  of  the  same. 

Fourth:  To  have  charge  of  the  erection  of  all  build- 
ings pertaining  to  the  school,  unless  otherwise 
expressly  provided,  and  to  have  the  care  and  manage- 
ment of  all  buildings  and  other  property  belonging  to 
the  school. 

Fifth:  To  audit  all  accounts  against  the  school,  and 
to  certify  all  bills,  which  may  be  allowed,  to  the  State 
Auditor,  who  shall  draw  warrants  on  the  State  Treas- 
urer for  such  amounts  as  he  shall  find  to  have  been 
properly  or  legally  allowed. 

Sixth:  To  purchase  all  supplies  for  the  use  of  the 
school,  to  provide  a  library  suited  to  its  wants,  to  pro- 
vide for  lectures  on  subjects  pertaining  to  education 
and  the  art  or  science  of  teaching,  and  to  do  such 
other  things  not  forbidden  by  law  as  may  become  nec- 
essary for  the  good  of  the  school. 

Sec.  216.  Each  board  of  normal  school  trustees  shall 
have  power  to  establish  and  maintain  a  boarding  house 
or  houses  for  the  accommodation  of  students,  to  employ 
a  matron  and  such  other  assistance  as  may  become 
necessary  to  conduct  the  same,  to  make  such  rules  for 
its  government  and  management  as  they  may  deem 
necessary,  and  to  charge  such  rates  for  board  and 
entertainment  as  will  make  such  boarding  house  or 
houses  self-sustaining. 

Sec.  217.  Each  board  of  normal  school  trustees  shall 
hold  two  regular  or  stated  meetings  each  year,  at  such 
times    as    may  be   provided    in   its  by-laws,  and  such 


CODE   OF   PUBLIC  INSTRUCTION.  109 

special  meetings  may  be  held  as  shall  be  deemed  nec- 
essary, such  special  meetings  to  be  called  by  the  chair- 
man or  by  a  majority  of  the  board  ;  all  meetings  of  the 
boards  shall  be  held  in  the  city  or  town  wherein  their 
respective  schools  are  located. 

Sec.  218.  The  principal  of  each  state  normal  school  gg^of 
shall  have  a  general  supervision  of  the  school,  shall  see 
that  all  laws  and  all  rules  of  the  boards  of  trustees  are 
observed  and  obeyed  by  teachers  and  students,  that  the 
course  or  courses  of  study  prescribed  are  faithfully  pur- 
sued, shall  assign  students  to  their  proper  classes  or 
grades,  and  unless  otherwise  specially  provided,  he 
shall  designate  the  work  to  be  performed  by  each 
teacher.  He  shall,  at  the  close  of  each  school  year, 
make  a  detailed  annual  report  to  the  board  of  trustees, 
containing  a  classified  catalogue  of  all  students  that 
have  been  enrolled  during  the  year,  and  such  other 
information  as  he  may  deem  advisable  or  as  the  board 
may  require,  and  it  shall  be  his  duty  to  superintend 
the  printing  of  the  same.  It  shall  also  be  his  duty, 
when  required  by  the  board  of  trustees,  to  attend  JJg^ 
county  institutes  and  other  educational  gatherings,  and 
to  lecture  upon  educational  topics  that  are  calculated  to 
enhance  the  interests  of  popular  education  or  of  his 
school.  The  board  of  trustees  shall  audit  and  allow  all  aiioweles 
his  necessary  expenses  incurred  in  traveling. 

Sec.  219.  A  model  school  or  training  department  Model  school, 
shall  be  provided  for  each  state  normal  school  contem- 
plated by  this  act,  in  which  all  students,  before  grad- 
uation, shall  have  actual  practice  in  teaching  for  not 
less  than  twenty  weeks  under  .the  supervision  and  ob- 
servation of  critic  and  training  teachers.  A  manual  f^nsXoiahl" 
training  department  for  each  school  under  its  control 
shall  also  be  provided,  and  a  suitable  teacher  employed 
for  each. 

Sec.  220.  Every  diploma  of  graduation  from  a  state  ^rpt\Sse*ad 
normal  school  or  certificate  issued  therefrom  shall  be  issued' llovv- 
signed  by  the  president  of  the  board  of  trustees,  by  the 
principal  and  the  heads  of  departments  of  the  normal 
school  at  which  the  holder  graduated,  and  by  the  pres- 


HO  CODE  OF  PUBLIC  INSTRUCTION. 

ident  of  the  State  Board  of  Education  ;  and  all  diplomas 
or  certificates  shall  be  stamped  with  the  seal  of  the 
State  Board  of  Education.  Every  diploma  and  certifi- 
cate shall  specifically  state  what  course  of  study  the 
holder  has  taken,  and  for  what  length  of  time  said  di- 
ploma or  certificate  is  valid  as  a  certificate  to  teach  in 
the  schools  of  this  state. 
Tuition  tree  gEC-  221.  No  charge  shall  be  made  against  any  stu- 

to  residents.  °  °  d 

dent  for  tuition  in  any  of  the  normal  schools  contem- 
plated by  this  act:  Provided,  That  said  student  is  a 
bona  fide  resident  of  this  state;  but  such  student  shall 
be  required,  upon  entrance  into  any  of  said  schools,  to 
certify  upon  honor  that  it  is  his  intention  to  pursue 
the  vocation  of  teaching.  Students  from  other  states 
Tuition  $100 to  or  territories  may  be  granted  scholarships  which  shall 

non-residents  J  °  x 

entitle  them  to  complete  any  course  of  study  prescribed 
by  the  board  of  higher  education  in  any  state  normal 
school  of  this  state  upon  the  payment  of  one  hundred 
dollars  each,  which  sum  shall  be  placed  to  the  credit  of 
the  normal  school  which  such  student  shall  attend,  and 
shall  be  expended  in  the  purchase  of  books  or  apparatus 
for  the  benefit  of  such  school.  All  students  shall  be  re- 
quired to  furnish  satisfactory  evidence  of  good  moral 
character,  and  any  student  may  be  suspended  or  ex- 
pelled from  any  state  normal  school  contemplated  by 
this  act,  who  is  found  to  be  immoral  or  who  refuses  to 
comply  with  the  rules  and  regulations  for  its  govern- 
ment. 
courses  of  gEC.  222.  (As  amended  by  H.  B.  472,  Laws  of  1899.) 

study.  v  ■/  > 

The  board  of  higher  education  shall  prescribe  the  fol- 
lowing courses  of  study  which  shall  be  uniform  for  all 
state  normal  schools  of  the  state:  (1)  An  elementary 
course  of  three  years;  (2)  An  advanced  course  of  two 
years  for  those  who  have  completed  the  elementary 
course ;  (3)  An  advanced  course  of  two  years  for  grad- 
uates from  a  four  year  high  school  accredited  by  the 
board  of  higher  education ;  (4)  An  advanced  course  of 
one  year  for  graduates  from  colleges  and  universities. 
A  student  who  completes  the  elementary  course  shall 
receive  a  certificate  which  shall  entitle  him  to  teach 


CODE   OF   PUBLIC  INSTRUCTION.  HI 

the  common  schools  of  the  state  for  a  period  of  five 
years.  A  student  who  completes  any  advanced  course  2™so 
shall  receive  a  diploma  which  shall  entitle  him  to 
teach  in  the  common  schools  of  the  state  for  a  period 
of  five  years  and  upon  satisfactory  evidence  of  having 
taught  successfully  for  two  years  during  the  time  for 
which  the  diploma  was  issued,  shall  receive  a  life  diplo- 
ma issued  by  the  state  board  of  education.  Graduates 
from  accredited  high  schools  shall  receive  an  elemen- 
tary certificate  after  completing  one  year's  work  of  the 
advanced  course :  Provided,  That  no  one  shall  receive 
a  diploma  or  certificate  who  has  not  been  in  attend- 
ance one  school  year  of  forty  weeks,  and  who  has  not 
given  evidence  of  ability  to  teach  and  govern  a  school 
by  not  less  than  twenty  weeks'  practice  teaching  in  the 
training  school :  Provided  further,  That  any  of  the  fore- 
going certificates  or  diplomas  may  be  revoked  by  the 
State  Board  of  Education  for  incompetency,  immorality 
or  unprofessional  conduct.  The  board  of  higher  edu- 
cation shall  also  prescribe  uniform  rules  and  regula- 
tions for  admission  to  and  graduation  from  the  state 
normal  school:  Provided,  That  a  student  shall  pass  the 
examination  required  for  a  third  grade  teacher's  certif- 
icate before  entering  the  second  year  of  the  elementary 
course,  and  shall  pass  the  examination  required  for  a 
second  grade  teacher's  certificate  before  entering  the 
third  year  of  the  elementary  course. 

Sec.  223.  (As  amended  by  H.  B.  472,  Laws  of  1899.) 
The  board  of  trustees  shall  provide  out  of  funds  appro-  Textbooks. 
priated  for  the  purpose,  such  text  books  and  supplies 
as  are  needful  for  successfully  carrying  into  effect  the 
course  of  study  prescribed.  Each  student  upon  admis- 
sion to  the  school  may  be  required  to  pay  into  the  li- 
brary fund  of  the  school  a  sum  not  to  exceed  $10.00, 
one-half  of  which  shall  be  applied  to  the  support  of  the 
general  library  and  reading  room,  and  the  remaining 
half  shall  be  kept  as  indemnity  for  loss  or  damage  of 
books  belonging  to  the  school  in  the  hands  of  the  stu- 
dent, and  shall  be  returned  to  him  after  deducting  such 


112 


CODE  OP  PUBLIC   INSTRUCTION. 


Requirements 
for  admission. 


Annual 
meeting  of 
principals. 


Biennial 
report. 


Report  con- 
tains what. 


Trustees  shall 
have  no  pecu- 
niary interest 
in  any  con- 
tract. 


amount  which  may  be  justly  charged  for  any  loss  or 
damage  beyond  reasonable  wear. 

Sec.  224.  No  person  shall  be  admitted  to  any  state 
normal  school  as  a  student  who  has  not  attained  the 
age  of  sixteen  years,  if  a  male,  or  of  fifteen  years  if  a 
female,  nor  until  by  an  entrance  examination  or  other- 
wise he  or  she  shall  have  established  the  fact  that  he 
or  she  is  qualified  to  enter  some  one  of  the  grades  or 
courses  of  study  provided  for  in   the  course  of  study. 

Sec.  225.  It  shall  be  the  duty  of  the  principals  of 
the  several  state  normal  schools  contemplated  by  .this 
act  to  meet  once  annually  to  consult  with  each  other 
relative  to  matters  concerning  their  school  work,  and 
to  discuss  methods  of  teaching  and  plans  of  manage- 
ment. 

Sec  226.  Each  board  of  normal  school  trustees 
shall  biennially  on  or  before  the  first  day  of  October 
next  preceding  each  regular  session  of  the  state  legis- 
lature of  this  state,  make,  through  its  secretary,  a  re- 
port to  the  Governor  of  the  state,  which  report  shall  be 
included  with  and  constitute  a  part  of  the  biennial  re- 
port of  the  Superintendent  of  Public  Instruction. 
Said  normal  school  report  shall  embrace  a  statement 
of  the  receipts  and  expenditures  of  the  schools,  and 
the  purpose  for  which  all  moneys  have  been  expended  ; 
a  classified  catalogue  of  all  students  enrolled  in  each  of 
said  schools  ;  a  directory  of  all  graduates  of  each  school 
properly  classified  ;  the  course  or  courses  of  study  pur- 
sued in  the  several  schools,  and  such  other  information 
as  may  be  deemed  advisable. 

Sec  227.  No  normal  school  trustee  shall  be  awarded 
any  contract  for  the  erection,  repair  or  the  furnishing 
of  any  building  belonging  to  any  state  normal  school 
contemplated  by  this  act,  nor  for  the  furnishing  of  sup- 
plies or  materials  for  the  same ;  and  no  such  trustee 
shall  act  as  agent  for  any  publishing  house  proposing 
to  furnish  books  for  such  school.  Any  trustee  who 
shall  violate  any  of  the  above  named  provisions  shall, 
upon  conviction  thereof,  be  fined   in  any  sum   not  ex- 


CODE   OF   PUBLIC  INSTRUCTION.  U3 

ceeding  five  hundred  dollars,  and  his  office  as  such 
trustee  shall  be  declared  vacant. 

Chapter  4.— School  for  Defective  Youth. 

Sec.  228.  The  school   for  the  education  of   the  deaf,  m|natblish~ 
blind  and   feeble  minded  youth  of  the   State  of  Wash- 
ington, as  heretofore   located  and   maintained  at  Van- 
couver, Clarke  county,  shall  continue  to  be  known  as  the 
"Washington  School  for  Defective  Youth." 

Sec.  229.  Said  school   shall   be  free  to   all   resident  Tree  t0  riLsi" 

cleat  youth. 

youth  in  the  State  of  Washington,  who  are  too  deaf, 
blind,  or  feeble  minded  to  be  taught  by  ordinary 
methods  in  other  public  schools:  Provided,  They  are 
free  from  vicious  habits  and  from  loathsome  or  conta- 
gious diseases. 

Sec  230.  Said  school   shall    be   under   the  manage-  Management 

o        in  board  of 

ment  of  a  board  of  trustees,  consisting  of  five  persons  regents- 
of  good  repute  and  learning,  being  citizens  of  the  state, 
nominated  by   the   Governor,   and  confirmed    by  the 
senate. 

Sec  231.     After    organization,   as    hereinafter    pro-  Tonavegen- 

°  L  eral  control. 

vided,  said  board  of  trustees  and  their  successors  shall 
have  the  management  of  real  and  personal  property, 
funds,  financial  business,  and  all  general  and  public 
interests  of  the  school,  with  power  to  receive,  hold, 
manage,  dispose  of,  and  convey  any  and  all  real  and 
personal  property  made  over  to  them  by  purchase,  gift, 
devise  or  bequest,  and  the  proceeds  and  interest 
thereof,  for  the  use  and  benefit  of  the  school. 

Sec  232.  Vacancies  in  the  board  of  trustees,  occur-  Appointment 

or  trustees. 

ring  biennially  by  the  expiration  of  the  term  or  terms 
of  a  member  or  members,  shall  be  filled  by  nomination 
by  the  Governor,  at  least  five  days  before  the  adjourn- 
ment of  the  legislature,  of  a  trustee  or  trustees  to  be 
confirmed  by  the  senate,  to  serve  for  six  years  from  Term  of  office. 
the  first  day  of  July  following  the  date  of  his  or  their 
confirmation,  and  until  his  or  their  successor  or  succes- 
sors shall  be  appointed  and  confirmed. 

Sec  233.  Vacancies  in  the  board  of  trustees,  caused  vacancies, 
by  the  death,  resignation,  departure  from  the  State  of 
—8 


114 


Constitution 
of  board. 


Official  notice 
of  appoint- 
ment. 


Regular 
meeting. 


Treasurer's 
bond. 


Adopt  bylaws 


Special 
meetings. 


CODE   OF  PUBLIC  INSTRUCTION. 

Washington,  or  removal  for  cause  of  a  member  of  the 
board,  shall  be  filled  for  the  unexpired  balance  of  the 
term,  by  the  appointment  of  a  trustee  by  the  Governor, 
which  appointment  shall,  at  the  session  of  the  Legis- 
lature held  next  thereafter,  be  submitted  to  the  Senate 
for  confirmation. 

Sec.  234.  All  appointments  shall  be  such  that  the 
board  shall  always  contain  at  least  one  practical  edu- 
cator, one  physician  and  one  lawyer. 

Sec.  235.  Official  notice  of  appointment  shall  be  given 
to  each  trustee,  by  the  Secretary  of  State,  within  ten 
days  from  the  date  of  the  confirmation  of  said  trustees 
by  the  Senate. 

Sec.  236.  The  regular  annual  meeting  of  the  board  of 
trustees  shall  be  held  at  the  school  on. the  last  Wednes- 
day of  May  in  each  year ;  at  which  meeting  a  president, 
a  vice  president  and  a  treasurer  shall  be  elected  by 
ballot  from  the  board,  and  an  auditor  not  of  the  board, 
each  to  serve  one  year  from  the  first  day  of  July  fol- 
lowing, and  one  member  of  the  executive  committee  to 
serve  three  years  from  the  first  day  of  July  following ; 
and  any  other  business  proper  to  come  before  said 
meeting  may  be  transacted:  Provided,  That  at  the  reg- 
ular meeting  to  be  held  on  the  last  Wednesday  of  May, 
1897,  the  trustees  shall  elect  a  director  of  the  school 
not  of  their  own  number,  who  shall  hold  his  office 
until  removed  for  cause  as  provided  in  this  act. 

Sec.  237.  The  treasurer  of  the  board  of  trustees  shall, 
within  thirty  days  from  the  date  of  his  election,  file 
with  the  Secretary  of  the  State  of  Washington  a  duly 
executed  and  approved  bond,  in  the  sum  of  five  thou- 
sand dollars  ($5,000),  for  the  faithful  performance  of 
his  duties  as  treasurer,  during  his  term  of  office. 

Sec.  238.  The  board  of  trustees  shall,  at  the  time  of 
the  first  meeting  above  provided  for,  adopt  suitable  by- 
laws for  its  own  government  in  the  transaction  of 
business. 

Sec.  239.  Special  meetings  of  the  board  of  trustees 
may  be  held  at  any  time,  on  request  of  the  executive 
committee,  and  shall  be  held  on  the  written  request  of 


CODE   OF  PUBLIC  INSTRUCTION.  H5 

any  three  trustees.  The  official  notification  of  each 
special  meeting  shall  state  the  business  to  be  transacted 
at  said  meeting,  and  no  business  other  than  that  so 
stated  shall  be  brought  before  said  meeting. 

Sec.  240.  Three  members  of  the  board    of  trustees  Quorum, 
shall  constitute  a  quorum  for  the  transaction  of  busi- 
ness. 

Sec.  241.  Official  notice  of  each  meeting  of  the  board  meetings. 
of  trustees   shall  be  issued  by  the  secretary  to  each 
trustee,  at  least    fifteen  days  before  the  date  of  such 
meeting. 

Sec.  242.  The  executive  committee  shall  meet  at  the  Committee 
school  on  the  last  Wednesdays  of  August,  November,  meetings- 
February  and  May,  in  each  school  year,  and  at  other 
times  as  often  as  may  be  necessary  for  the  proper  per- 
formance of  their  duties. 

Sec.  243.  The  executive  committee,  upon  their  visits  °xecuti°fetlie 
to  the  school,  shall  inspect  the  real  and  personal  prop- committee- 
erty  of  the  school ;  shall  purchase  all  supplies  in  the 
manner  authorized  for  the  purchase  of  supplies  for  the 
hospital  for  the  insane;  shall  examine  the  accounts, 
bills  and  vouchers,  and  shall  draw  orders  on  the  treas- 
urer of  the  board  for  the  payment  of  bills  approved ; 
and  at  suitable  times  shall  submit  the  accounts  to  the 
inspection  of  the  auditor. 

Sec.  244.  No  trustee  shall,  during  his  term  of  office,  JJSEeno 
have  any  direct  or  indirect  personal  interest  in  any  fntMesun 
contract,  agreement  or  indebtedness  on  account  of  the  any  contract- 
school  in  any  way. 

Sec.  245.  The  financial  and  official  year  of  the  school  ouiciai  year, 
shall  begin  on  the  first  day  of  July,  and  end  on  the 
thirtieth  day  of  June,  following. 

Sec.  246.  The  regular  term  of  school  shall  begin  on  Term  of  school, 
the  last  Wednesday  of  August  in  each  year,  and  end  on 
the  last  Wednesday  of  May  following. 

Sec.  247.  At  each  regular  session  of  the  legislature  report"*1 
of  the  State  of  Washington,  the  board  of  trustees  shall 
present  to  the  governor,  for  transmission  to  the  legis- 
lature, a  full  report  of  the  operations  of  the  school  dur- 
ing the  previous  two  school  years,  showing  the  amount, 


116 


CODE  OP   PUBLIC  INSTRUCTION. 


Director. 


Duties  of  the 
director. 


Removal  of 
director. 


Non-resident 
pupils. 


Duty  of 
district 
school  clerk. 


County  super- 
intendent to 
report. 


condition  and  value  of  all  real  and  personal  property 
of  the  school,  receipts  and  expenditures  of  money,  num- 
ber of  persons  employed,  and  amount  of  salary  paid  to 
each,  and  the  number  of  pupils  in  attendance. 

Sec.  248.  The  director  of  the  school  shall  be  a  com- 
petent expert  educator  of  defective  youth  ;  a  hearing 
man  of  sound  learning  and  morals,  not  under  thirty  nor 
over  seventy  years  of  age ;  practically  acquainted  with 
the  school  management  and  class  instruction  for  the 
deaf,  blind  and  feeble  minded.  He  shall  reside  in  the 
school  and  be  furnished  quarters,  heat,  light  and  food. 

Sec.  249.  The  director  shall  be  responsible  for  the 
care  of  the  premises  and  property  of  the  school,  selec- 
tion and  control  of  employes,  regulation  of  the  household,, 
discipline  of  the  school,  arrangement  and  execution  of 
a  proper  course  of  study,  training  of  the  pupils  in 
morals  and  manners,  and  the  general  oversight  of  all 
internal  affairs  of  the  school,  and  shall  lay  before  the 
regular  annual  meeting  of  the  board  of  trustees,  on  the 
last  Wednesday  of  May  in  each  year,  a  full  report  of 
the  operation  of  the  school  during  the  previous  school 
year. 

Sec.  250.  The  director  may  be  removed  at  any  time 
by  a  three-fifths  vote  of  the  full  board  of  trustees  for 
misconduct,  incapacity,  mismanagement,  inefficiency 
or  immorality. 

Sec.  251.  Defective  youth  not  residing  in  the  state 
shall  be  admitted  on  such  terms  and  conditions  as  may 
be  prescribed  by  the  board  of  trustees. 

Sec.  252.  It  shall  be  the  duty  of  the  clerks  of  all 
school  districts  in  the  State  of  Washington  at  the  time 
for  making  the  annual  reports  to  report  to  the  school 
superintendent  of  their  respective  counties  the  names 
of  all  deaf,  mute,  blind  or  feeble  minded  youth  resid- 
ing within  their  respective  districts  who  are  between 
the  age  of  six  and  twenty-one  years. 

Sec.  253.  It  shall  be  the  duty  of  each  county  school 
superintendent  to  make  a  full  and  specific  report  of 
such  defective  youth  to  the  county  commissioners  of 
his  county  at  the  regular  meeting  of  said  commissioners 


CODE   OF   PUBLIC   INSTRUCTION.  H7 

held  in  August  in  each  year.  He  shall  also,  at  the 
same  time,  transmit  a  duplicate  copy  of  said  report  to 
the  director  of  the  Washington  school  for  defective 
youth. 

Sec.  254.  It  shall  be  the  duty  of  the  parents  or  the  ^S^' 
guardians  of  all  such  defective  youth  to  send  them  each 
year  to  the  said  state  school  for  defective  youth.  The 
county  superintendent  shall  take  all  action  necessary 
to  enforce  this  section  of  this  act:  Provided,  That  if 
satisfactory  evidence  shall  be  laid  before  the  county 
superintendent  that  any  defective  youth  is  being  prop- 
erly educated  at  home  or  in  some  suitable  institution 
other  than  the  Washington  school  for  defective  youth, 
the  county  superintendent  shall  take  no  other  action 
in  such  case  further  than  to  make  a  record  of  such 
fact,  and  take  such  steps  as  may  be  necessary  to  satisfy 
himself  that  said  defective  youth  shall  continue  to  re- 
ceive a  proper  education. 

Sec.  255.  (As  amended  by  H.  B.  472,  Laws  of  1899.) 
If  it  appears  to  the  satisfaction  of  the  count}'  commis-  Selective  °f 
sioners  that  the  parents  of  any  such  defective  youth  youth- 
within  their  county  are  unable  to  bear  the  expense 
of  sending  and  returning  them  to  said  state  school,  it 
shall  then  be  the  duty  of  the  commissioners  to  send 
and  return  them  to  and  from  said  school  or  to  maintain 
them  at  said  school  during  vacation  at  the  expense  of 
the  county. 

Sec.  256.  Any  parent,  guardian,  school  superin-  Penalty, 
tendent  or  county  commissioner  who  shall,  without  a 
proper  cause,  fail  to  carry  into  effect  the  provisions  of 
this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  upon  the  complaint  of  any 
officer  or  citizen  of  the  county  or  state,  before  any  jus- 
tice of  the  peace  or  superior  court,  shall  be  fined  in  any 
sum  not  less  than  fifty  nor  more  than  two  hundred 
dollars,  in  the  discretion  of  the  court. 

TITLE  V.— REPEALING  AND  EMERGENCY  CLAUSES. 
Sec  257.  This  act  shall  be  known  and  cited  as  the  Repealing 

existing 

Code  of  Public  Instruction  of  the  State  of  Washington,  school  laws. 


118  CODE   OF  PUBLIC  INSTRUCTION. 

and  shall  be  construed  as  repealing  chapter  vi  of  title 
in,  chapter  vn  of  title  v,  all  of  title  x  except  chapter 
xvn  thereof,  chapter  iv  of  title  l,  all  being  of  volume 
i  of  Hill's  Annotated  Statutes  and  Codes  of  Washing- 
ton ;  and  also  repealing  all  amendments  thereto ;  also 
repealing  an  act  entitled  "An  act  concerning  the  for- 
mation of  new  school  districts,  changing  the  bounda- 
ries and  transferring  territory  from  one  district  to 
another,"  approved  March  9,  1893  ;  also  repealing  an 
act  entitled  "An  act  to  provide  for  the  management 
and  control  of  state  normal  schools  in  the  State  of 
Washington,"  approved  March  10,  1893,  and  all 
amendments  thereto ;  also  repealing  an  act  entitled 
"An  act  granting  to  school  districts  the  right  to  pur- 
chase school  house  sites  of  school  lands  belonging  to 
the  State  of  Washington  of  not  less  than  one  acre  and 
not  more  than  five  acres,  and  granting  to  school  dis- 
tricts the  preference  right  to  purchase  such  sites,  and 
declaring  an  emergency,"  approved  February  26, 
1895;  also  repealing  an  act  entitled  "An  act  relating  to 
the  indebtedness  of  school  districts,  providing  means 
and  methods  for  paying  and  funding  the  same,  and 
means  for  validating  the  same  or  any  part  thereof  in- 
curred in  excess  of  one  and  one-half  per  centum  of  the 
taxable  property  of  the  school  district,  without  the  as- 
sent of  three-fifths  of  the  voters  of  the  school  district 
voting  at  an  election  held  for  that  purpose,  and  declar- 
ing that  an  emergency  exists  for  the  taking  effect  of 
this  act  on  its  passage  and  approval  by  the  Governor," 
approved  March  1,  1895;  aho  repealing  an  act  entitled 
"An  act  to  provide  for  the  formation  of  joint  school 
districts,  and  to  prescribe  the  minimum  number  of 
school  children  required  for  the  formation  of  new 
school  districts,  and  declaring  an  emergency,"  approved 
March  13,  J  895;  also  repealing  an  act  entitled  "An  act 
to  authorize  counties,  cities,  towns  and  school  districts 
to  provide  temporary  funds  for  current  expenses  in 
anticipation  of  revenue,"  approved  March  20,  1895. 
Emergency.  Sec.  258.  Whereas,    this    act    is    amendatory    of  all 

existing  school  laws,  and   is   for   the   purpose   of  har- 


REGISTRATION   OF  VOTERS.  119 

monizing  existing  inconsistencies  and  unifying  the 
school  laws  of  this  state :  therefore,  an  emergency  is 
declared  to  exist,  and  this  act  shall  take  effect  and  be 
in  force  from  and  after  its  signature  by  the  Governor 
of  this  state. 


REGISTRATION  OF   VOTERS   IN  SCHOOL  ELECTIONS. 

[Chapter  xxxn,  Session  Laws  of  1897.] 

An  Act  to  provide  for  the  registration  of  voters  in  all  school  elec- 
tions, in  school  districts  having  a  population  of  ten  thousand  or 
more  inhabitants,  and  regulating  elections  in  such  districts. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Washington : 

Section  1.  No  person  shall  vote  at  anv  school  elec-  women  must 

J  register. 

tion,  either  general  or  special,  to  be  held  in  any  school 
district  in  this  state  having  a  population  of  ten  thou- 
sand or  more  inhabitants,  as  shown  by  any  regular  or 
special  census,  unless  he  or  she  shall  have  previously 
complied  with  the  requirements  as  to  registration,  as 
in  this  act  provided. 

Sec.  2.  The  secretary  of  the  board  of  education  in  boar^educa- 
each  district  subject  to  the  provisions  of  this  act  shall  [sterSvoatersC"" 
keep  the  books  of  registration  herein  provided  for,  and 
shall  register  therein  the  names  of  all  duly  qualified 
voters  in  his  district,  on  application,  in  the  manner 
and  at  the  times  herein  specified. 

Sec.  3.  The  board  of  education  of  each  district  sub- Board  of 

.    .  education  to 

iect  to  the  provisions  of  this  act,  shall  furnish  the  sec-  furnisn  wanks 

J  L  '  and  books 

retary  of  such  board,  at  the  expense  of  the  district,  all  expends'11 
blanks  and  books  of  registration  herein  provided  for, 
within  thirty  days  after  this  act  shall  become  a  law. 
Thereafter,  after  each  general  election  of  members  of 
the  board  of  education,  the  newly  elected  board  shall 
furnish  to  the  secretary  and  cause  to  be  opened  new- 
books  for  the  registration  of  voters.  The  boards  of 
education  of  each  district  shall  furnish,  at  the  expense 
of  their  respective  districts,  all  funds  necessary  for  car- 
rying out  the  provisions  of  this  act. 

Sec.  4.  The  books  of  registration  shall  be  opened  for  Registration 

°  r  open 

the  purposes  of  registration,  at  the  office  of  the  secre-  when- 


120 


REGISTRATION   OF   VOTERS. 


Notice  to  be 
published 
of  closing 
of  books. 


Registration 
required  but 
once  each  year 


Prerequisites 
to  registration 


Registration 
books. 


Registration 
districts. 


tary  of  the  board  of  the  district,  on  each  day  between 
the  hours  of  9  o'clock  a.  m.  and  4  o'clock  p.  m.,  on  each 
day  except  legal  holidays,  and  they  shall  be  closed  and 
no  names  shall  be  registered  therein  during  the  five 
days  preceding  any  special  election,  and  during  the  ten 
days  preceding  any  general  election  held  in  such  dis- 
trict. The  secretary  of  the  board  shall  give  notice  of 
the  closing  of  the  books  of  registration  in  his  district 
by  notice  published  in  a  newspaper  of  general  circula- 
tion, published  in  his  district,  at  least  ten  days  before 
the  day  for  closing  said  books. 

Sec.  5.  Registration  shall  not  be  required  more  than 
once  in  each  year.  All  persons,  male  or  female,  who 
are  qualified  electors  under  the  provision  of  this  act, 
shall  be  entitled  to  registration  on  application  to  the 
secretary  of  the  board  of  education  of  the  district  in 
which  they  may  reside:  Provided,  Such  elector  shall 
have  been  a  resident  of  the  state  for  one  year,  of  the 
county  ninety  days,  and  of  the  voting  precinct  thirty 
days  prior  to  the  next  general  or  special  school  election 
to  be  held  in  such  district.  No  person  shall  vote  at 
any  such  election  except  in  the  precinct  where  he  or 
she  has  resided  for  the  length  of  time  above  specified. 

Sec.  6.  There  shall  be  provided  by  the  board  of  edu- 
cation in  each  district,  and  kept  by  the  secretary  of 
such  board,  a  separate  book  of  registration  for  each 
school  election  precinct  in  the  district.  Each  ward  in 
any  city  within  which  the  whole  or  any  portion  of  a 
school  district  may  be  situate,  shall  be  a  voting  pre- 
cinct for  all  general  or  special  school  elections.  The 
book  of  registration  shall  bear  the  name  or  number  of 
the  precinct  to  which  it  belongs.  In  case  the  whole  or 
any  portion  of  any  such  district  shall  lie  without  the 
limits  of  any  incorporated  city,  the  board  of  education 
of  such  district  shall  subdivide  such  outlying  territory 
into  voting  precincts,  so  that  each  precinct  shall  con- 
tain as  near  as  may  be  five  hundred  inhabitants,  and 
after  the  boundaries  of  such  precincts  shall  have  been 
established,  said  territory  shall  not  be  redistricted 
oftener  than  once  in  three  years,  and  not  then  unless 


REGISTRATION   OF   VOTERS.  121 

one  or  more  of  the  precincts  thereof  shall  have  attained 
a  population  of  more  than  five  hundred  inhabitants. 
In  case  the  authorities  of  any  city,  within  which  the 
whole  or  any  portion  of  any  district  may  lie,  shall  cause 
the  boundaries  of  the  wards  of  such  city  to  be  changed 
after  the  opening  of  the  books  of  registration  for  the 
school  district,  the  voting  precincts  of  such  district 
shall  conform  to  the  lines  of  the  wards  as  established 
when  said  books  were  opened  until  the  next  set  of 
books  shall  be  opened,  at  which  time  said  new  books 
and  the  voting  precincts  of  such  district  shall  conform 
to  the  boundaries  of  the  wards  as  then  established. 

Sec.  7.  The  books  of  registration  aforesaid  shall  be  Fo™of(. 

o  registration 

so  arranged  as  to  admit  the  alphabetical  classification  record- 
of  the  names  of  the  voters,  and  ruled  in  parallel  col- 
umns with  appropriate  heads,  as  follows :  Date  of  reg- 
istration, name,  age,  occupation,  place  of  residence, 
place  of  birth,  time  of  residence  in  the  state,  county 
and  precinct,  and  if  of  foreign  birth,  name  and  place  of 
court  and  date  of  declaration  of  intention  to  become  a 
citizen  of  the  United  States,  or  date  of  naturalization, 
and  with  the  column  for  signature  and  one  for  remarks, 
and  one  column  for  checking  the  name  of  voter  at  the 
time  of  voting.  Under  head  of  place  of  residence  shall 
be  noted  the  number  of  lot  and  block,  or  number  and 
street  where  the  applicant  resides,  or  some  other  defi- 
nite description  sufficient  to  locate  the  residence,  and 
the  voter  so  registering  as  provided  in  this  section  shall 
sign  his  or  her  name  on  the  registry  opposite  the  en- 
tries above  required,  in  the  column  headed  "Signa- 
ture," and  in  case  any  voter  shall  not  be  capable  of 
writing  his  or  her  name  he  or  she  shall,  on  the  left 
hand  margin  of  said  column,  make  his  or  her  mark  by 
cross  or  such  other  mark  as  is  usual  in  indicating  his 
or  her  signature,  and  some  person  who  is  personally 
known  to  said  voter,  and  is  personally  known  to  the 
registering  officer,  and  who  is  capable  of  writing  his  or 
her  name,  shall  sign  in  said  column  immediately  op- 
posite said  mark  as  an  identifying  witness  thereto. 
Sec.  8.  No  person   shall  be  registered  unless  he  or 


122 


REGISTRATION    OF   VOTERS. 


Must  register 
in  person. 


Oath  to  be 
taken. 


Secretaries 
empowered 
to  administer 
oath. 


Penalty  for 
false  oatn. 


Change  of  resi 
dence  of  regis- 
tered voter. 


she  appears  in  person  before  the  secretary  of  the  board 
of  education  in  the  district  in  which  such  elector  re- 
sides, during  the  hours  the  books  are  opened  for  regis- 
tration, and  answers  truly  the  questions  that  may  be 
put  to  him  or  her  touching  his  or  her  qualifications  to 
vote  in  such  district,  and  shall  also  make  and  subscribe 
the  following  oath  ; 
State  of  Washington,  County  of ,  ss. 

I, ,  do  solemnly  swear  (or  affirm)  that  I  am  a  legally 

qualified  school  elector,  under  the  laws  of  the  State  of  Washington, 
and  that  I  have  been  an  actual  permanent  resident  of  said  state  for 

eleven  months  and  twenty  days  last  past,  and  of  the  co for 

eighty  days,  last  past,  and  the precinct  twenty  days  last  past, 

and  that  I  have  not  lost  my  civil  rights  by  reason  of  being  con- 
victed of  any  infamous  crime. 

Subscribed  and  sworn  to  before  me  this day  of 

Said  affidavit  shall  be  filed  .and  preserved  by  the 
secretary  of  the  board  for  at  least  two  years. 

Sec.  9.  The  secretaries  of  the  boards  of  education 
are  hereby  empowered  to  administer  all  necessary 
oaths  in  examining  applicants  for  registration,  or  any 
witnesses  that  may  be  offered  on  behalf  of  any  ap- 
plicant. The  said  secretary  shall  examine  carefully 
any  applicant  whose  right  to  register  he  may  doubt,  or 
who  may  be  challenged,  and  if  the  applicant  shall  be 
entitled  to  vote  at  the  next  election  he  or  she  shall  be 
registered,  otherwise  not. 

Sec.  10.  If  any  person  shall  falsely  swear  or  affirm 
in  taking  the  oath  or  making  the  affirmation  herein 
prescribed,  or  shall  falsely  personate  another  and  pro- 
cure the  person  so  personated  to  be  registered,  or  if 
any  person  shall  represent  his  name  to  the  secretary 
or  officer  of  registration  to  be  different  from  what  it 
actually  is,  and  cause  such  name  to  be  registered,  or  if 
any  person  shall  cause  any  name  to  be  placed  upon  the 
register  list  otherwise  than  in  the  manner  provided 
in  this  act,  he  or  she  shall  be  guilty  of  a  felony,  and 
upon  conviction  be  punished  by  confinement  in  the 
penitentiary  not  more  than  five  nor  less  than  one  year. 

Sec.  11.  If  any  elector  shall,  during  the  year  for 
which  he  or  she  may  be  registered,  change  his  or  her 


REGISTRATION   OF   VOTERS.  123 

place  of  residence  from  the  precinct  in  which  he  or  she 
is  registered,  he  or  she  shall  apply  to  the  secretary  of 
the  board  to  have  said  removal  noted.  The  secretary 
shall  run  a  red  ink  line  across  the  name  in  the  pre- 
cinct book  in  which  said  applicant  shall  be  registered, 
and  likewise  note  said  removal  in  the  column  headed 
"  Remarks "  in  said  book,  and  thereupon  the  said 
secretary  shall  enter  the  name  and  re-register  the 
elector  in  the  registration  book  of  the  ward  to  which 
he  or  she  has  removed. 

Sec.  12.  Registration  under  the  provisions  of  this 
act  shall  be  prima  facie  evidence  of  the  right  of  the 
elector  to  vote  at  any  general  or  special  school  election  S^Sfod 
held  within  the  district  during  the  year  for  which  said  ufnde?.cedme 
elector  is  registered.  If  any  person  duly  registered  is 
challenged,  it  shall  be  the  duty  of  the  judges  of  election 
to  examine  the  challenger  and  any  witnesses  that  may 
be  produced  on  oaths,  touching  the  right  of  such  elector 
to  vote;  the  judges  shall  then,  unless  they  dismiss 
said  challenge,  examine  the  proposed  elector  on  oath, 
and  if  it  appears  that  said  elector  is  entitled  to  vote  at 
said  election,  his  or  her  vote  shall  be  received,  other- 
wise rejected.  Any  person  swearing  falsely  before  any 
judge  of  election,  on  the  hearing  of  any  such  challenge, 
shall  be  deemed  guilty  of  perjury,  and  shall  be  sub- 
jected to  the  pains  and  penalties  of  perjury. 

Sec.  13.  The  board  of  education  in  each  district  to  J^JgX, 
which  this  act  applies  shall,  at  their  last  regular  meet-  ofHcers- 
ing  before  any  general  or  special  school  election  to  be 
held  in  their  district,  appoint  two  judges  of  election 
and  one  clerk  for  each  voting  precinct  within  such  dis- 
trict. Both  the  judges  and  the  clerk  shall  be  qualified 
school  electors  in  the  precinct  for  which  they  are  ap- 
pointed. 

Sec.  14.  On  the  morning  of  any  general  or  special  SSrddSfv- 
school  election  the  secretary  of  the  board  shall  deliver  ofeaecti?onfk 
to  the  clerk  of  each  voting  precinct  within  his  district, 
the    original  book  of  registration  of  the  precinct  for 
which  such  clerk  was  appointed.     Each  clerk  of  elec- 
tion shall  return  the  book  of  registration  entrusted  to 


124  REGISTRATION   OF  VOTERS. 

him  to  the  secretary  of  the  board  at  the  time  of  the 
delivery  of  the  ballots  cast  in  the  precinct  at  such  elec- 
tion, and  it  shall  be  unlawful  for  any  clerk  or  any 
judge  of  election,  to  cause  or  allow  any  marks  or  alter- 
ations to  be  made  in  said  book  while  the  same  is  in 
their  possession,  other  than  a  proper  check  mark  when 
a  ballot  is  cast,  to  indicate  the  party  voting. 
Board  to  pro-        gEC    15    The  manner  of  voting  at  school  elections 

vide  suitable  ° 

polling  places.  shall  be  the  same  as  is  now  provided  by  law.  The 
board  of  education  in  each  district  shall  provide  suit- 
able polling  places,  at  a  school  house  in  each  ward  or 
precinct,  and  if  there  is  no  school  house  in  any  ward 
or  precinct,  then  at  some  other  suitable  place  in  said 
ward  or  precinct,  to  be  designated  by  the  board;  but 
no  ward  or  precinct  shall  have  more  than  one  polling 
place.  The  voting  place  in  each  ward  or  precinct  shall 
be  named  and  designated  by  the  board  in  the  notice 
calling  such  election. 

Not  to  repeal        sEC-  ig.  Nothing  in  this  act  contained  shall  be  con- 
act  relating  to  = 

cities  of  10,000  gtrued  as  a  repeal   of   an  act  entitled  "An  act  to  estab- 

or  more.  r 

lish  a  system  of  common  schools  in  cities  of  ten 
thousand  or  more  inhabitants,  and  to  provide  im- 
properly maintaining,  governing  and  grading  the 
same,"  approved  March  26,  1890,  except  in  so  far  as 
this  act  shall  be  in  conflict  therewith,  but  this  act  shall 
be  construed  as  amendatory  and  supplementary 
thereto. 

Passed  the  House  February  9,  1897. 

Passed  the  Senate  February  25,  1897. 

Approved  by  the  Governor  March  4,  1897. 


COMPULSORY  ATTENDANCE  125 

RELATING   TO  VIVISECTION  AND  DISSECTION. 

[Chapter  xvi,  Session  Laws  of  1897.] 

AN  Act  to  prevent  vivisection  and  regulate  dissection  in  the 
schools  of  the  State  of  Washington,  except  medical  and  dental 
schools,  or  medical  department  of  any  school,  and  providing  a 
penalty  therefor. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Washington  : 

Section  1.  No  teacher  or  other  person  employed  in  JS&aS£n 
any  school  in  the  State  of  Washington,  except  medical 
or  dental  school,  or  medical  or  dental  department  of 
any  school,  shall  practice  vivisection  upon  any  verte- 
brate animal  in  the  presence  of  any  pupil  in  said 
school,  or  any  child  or  minor  there  present ;  nor  in 
such  presence  shall  exhibit  any  vertebrate  animal 
upon  which  vivisection  has  been  practiced. 

Sec.  2.  Dissection  of  dead  animals,  or  any  portion 
thereof,  in  the  schools  of  the  State  of  Washington,  in 
no  instance  shall  be  for  the  purpose  of  exhibition,  but 
in  every  case  shall  be  confined  to  the  class  room  and 
the  presence  of  those  pupils  engaged  in  the  study  to  be 
illustrated  by  such  dissection. 

Sec.  3.  Any  person  violating  the  provisions   of  this  JSSJJjjfi^1, 
act,  shall  be  punished  by  a  fine  of  not  less  than  fifty  nor 
more  than  one  hundred  dollars. 

Passed  the  House  January  26,  1S97. 

Passed  the  Senate  February  11,  1897. 

Approved  by  the  Governor  February  17,  1897. 


RELATING  TO   COMPULSORY  ATTENDANCE. 

[Chapter  cxl,  Session  Laws  of  1899.] 

An  Act  providing  for  the  compulsory  attendance  of  children  in 
the  public  schools  in  cities  of  more  than  ten  thousand  inhabi- 
tants. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Washington: 

Section  1.  Every  person  residing  in  a  city  contain-  SSSKiSoo? 
ing  ten  thousand  or  more  inhabitants,  having  under  months.81* 
his  control  a  child  between  the  ages  of  seven  and  fif- 


126  COMPULSORY  ATTENDANCE. 

teen  years,  shall  annually  cause  such  child  to  regularly 
attend  some  public  day  school  at  least  six  full  school 
months,  and  for  every  neglect  of  such  duty  the  person 
so  offending  shall  be  fined  not  exceeding  twenty-five 
dollars  :  Provided,  If  the  person  so  charged  shall  prove, 
or  shall  present  a  certificate  made  by  or  under  the  di- 
rection of  the  board  of  directors  of  the  city  wherein  he 
resides,  setting  forth  that  the  child  has  attended  for 
the  required  time  a  private  day  school  approved  by  the 
board  of  directors  of  the  city  wherein  such  school  is 
located,  or  that  the  child  has  otherwise  been  furnished 
for  a  like  period  of  time  with  the  means  of  education, 
or  has  already  attained  a  reasonable  proficiency  in  the 
common  school  branches  of  the  first  eight  years  as  out- 
lined in  the  course  of  study  for  the  common  schools  of 
the  State  of  Washington,  or  that  his  physical  or  men- 
tal condition  was  such  as  to  render  his  attendance 
inexpedient  or  impracticable,  or  that  the  child  for  sat- 
isfactory reasons  has  been  excused  from  attending 
school  by  the  board  of  directors  of  the  city  in  which 
he  resides,  then  such  penalty  shall  not  be  incurred. 
Board  of  gEC   2.  For  the  purpose  of  this  act  the  board  of  di- 

directors  may  tr       r 

tamprivate     rectors  of  the   several   cities   shall  approve   a  private 
schools.  school  only  when  the  teaching  therein  is  in  the  Eng- 

lish language,  and  when  they  are  satisfied  that  such 
teaching  is  thorough  and  efficient  and  when  the  per- 
sons in  charge  of  said  school  shall  keep  the  record  of 
attendance  of  the  pupils  thereof  upon  blanks  provided 
by  the  state  for  such  purpose,  and  shall  render  the 
board  of  directors  of  the  city  where  such  school  is  lo- 
cated a  detailed  report  of  the  attendance  of  any  pupil 
for  any  specified  time :  Provided,  That  the  request  for 
such  report  be  made  in  writing  and  sets  forth  that 
such  pupil  is  suspected  of  irregular  attendance. 
Board  must  Sec.  3.     The  board  of  directors  of  each  city  shall  an- 

appoint  truant 

officers.  nually  appoint  one  or  more  special  officers,  and  fix  their 

compensation,  who  shall  be  truant  officers  and  who 
shall,  under  the  direction  of  the  board  of  directors,  in- 
quire into  all  cases  arising  under  the  provisions  of  this 
act,  or  under  any  rules  made  in  pursuance  thereof,  by 


COMPULSORY  ATTENDANCE  127 

the  board  of  directors  by  which  such  officers  were  ap- 
pointed, and  such  officers  shall  have  power  and  author- 
ity in  case  of  the  violation  of  any  of  the  provisions  of 
this  act  to  make  complaint  therefor  to  the  superior 
court  as  hereinafter  provided;  they  shall  also  sue  all 
legal  processes  issued  in  pursuance  of  this  act  or  of  any 
such  rules,  but  shall  not  be  entitled  to  receive  fees  for 
such  services. 

Sec.  4.  The  secretary  of  the  board  of  directors  of  the  boarcfmusf 
several  cities  shall  furnish  the  truant  officers  of  their  o^chfito^ot 
respective  cities  the  names  of  all  children  between  the  schonoisUg 
ages  of  seven  and  fifteen  which  are  found  upon  the 
census  rolls  for  the  current  year  and  are  not  enrolled 
in  any  of  the  public  day  schools  of  the  city,  and  it  shall 
be  the  duty  of  the  truant  officers  to  ascertain  in  all 
cases  why  such  children  are  not  attending  school  and 
inquire  into  all  cases  of  neglect  of  duty  prescribed  in 
section  one  of  this  act,  and  such  truant  officers,  or  any 
of  them,  shall,  when  so  directed  by  the  board  of  direc- 
tors, proceed  with  the  necessary  legal  processes  against 
any  person  liable  to  the  penalty  provided  for  in  sec- 
tion one. 

Sec.  5.  No  child  under  the  age  of  fifteen  years  shall  shaifnotbe 
be  employed  in  any  manufacturing,  mechanical  or  mer-  c™tamvdoca- 
cantile  establishment,  or  by  any  telegraph  or  telephone 
company  in  this  state,  except  daring  the  vacations  of 
the  public  schools  of  the  city  in  which  such  child  re- 
sides, unless,  during  the  twelve  months  next  preceding 
such  employment,  he  shall  have  attended  school  as 
provided  for  in  section  one  of  this  act,  or  has  already 
attained  a  reasonable  proficiency  in  the  common  school 
branches  for  the  first  eight  years  as  outlined  in  the 
course  of  study  for  common  schools  of  the  State  of 
Washington,  or  shall  have  been  excused  by  the  board 
of  directors  of  the  city  in  which  such  child  resides ; 
nor  shall  such  employment  continue  unless  such  child 
shall  attend  school  each  year,  or  until  he  shall  have 
acquired  the  elementary  branches  of  learning  taught 
in  the  public  schools  as  above  provided. 

Sec.  6.  No  child  under  the  age  of  fifteen  years  shall 


128  COMPULSORY  ATTENDANCE. 

be  so  employed  who  does  not  present  a  certificate  made 
aMendanceaft    D7  or  under  the  direction  of  the  board  of  directors  of 
excuse  child     the  district  in  which  such  child  resides,  of  his  compli- 
sionsof sec.5.  ance  with  the  requirements  of  section  five  of  this  act; 
and  said  certificate  shall  also  give  the  place  and  date  of 
birth  of  such  child  as  nearly  accurate  as  may  be ;  and 
every  owner,  superintendent  or  overseer  of  any  estab- 
lishment or  company  employing  any  such  child  shall 
keep  such  certificate  on  file  so  long  as  such  child  is  em- 
ployed therein.     The  form  of  said  certificate  shall  be 
furnished  by  the  Superintendent  of  Public  Instruction. 
penalty  for  gEC.  7.  Every  owner,  superintendent  or  overseer  of 

violation  of  j  i         t 

sees.  5  and  6.  any  suc}1  establishment  or  company  who  employs  or 
permits  to  be  employed  any  child  in  violation  of  any 
of  the  provisions  of  the  two  next  preceding  sections, 
and  every  parent  or  guardian  who  permits  such  em- 
ployment, shall  be  fined  not  exceeding  twenty-five 
dollars. 

muUstnvisiTesr       Sec.  8-  Tne  truant  officers  shall,  at  least  once  in  every 

empioy?negnts  school  term,  and  as  often  as  the  board  of  directors  shall 
require,  visit  the  establishments  or  companies  employ- 
ing such  children  in  their  respective  cities,  and  ascer- 
tain whether  the  provisions  of  the  three  next  preceeding 
sections  hereof  are  duly  observed,  and  report  all  viola- 
tions thereof  to  the  said  board. 

shaii  demand       sEC.  9.  The  truant  officers  shall  demand  the  names 

names  ot 

employed.        °*  tne  children  under  fifteen  years  of  age  employed  in 

such  establishments  or  companies  in  their  respective 

cities,   and    shall   require   the   certificates  of  age   and 

school  attendance  prescribed  in  section  six  of  this  act, 

to  be  produced  for  their  inspection ;  and  a  refusal  to 

produce  such  certificate  shall  be  punished  by  a  fine  not 

exceeding  twenty-five  dollars. 

emniotyment         ^ec.  ^'  Every  owner,  superintendent  or  overseer  of 

cannotd^-ite     anv  sucn  establishment  or   company  who  employs  or 

name  legibly.    permjts  to  ^e  employed  therein  a  child  under  sixteen 

years  of  age  who  cannot  write  his  name,  age  and  place 

of  residence  legibly,  while  the  public  schools  in  the  city 

where  such  child  lives  are  in  session,  shall  for  every 

such  offense  be  fined  not  exceeding  twenty-five  dollars. 


COMPULSORY  ATTENDANCE.  129 

Sec.  11.  The  board  of  directors  of  each  school  dis- 
trict shall  make  all  needful  rules  and  provisions  gov-  Srectore  shall 
erning   habitual    truants    and    children   who   may    be  ESSSuS?8 
found  wandering  about  in  the  streets  or  public  places  tr 
therein,  having  no  lawful  occupation  or  business,  not 
attending  school,  and  shall  make  such  rules  as  will  be 
most  conducive  to  the  welfare  of  such  children  in  such 
city;  and  shall  designate  or  provide  suitable  provisions 
for  the  discipline  and  instruction  of  such  children. 

Sec.  12.  The  board  of  directors  of  each  school  dis- Shal!  make 

report  to  State 

trict  under  the  provisions  of  this  act  shall  annually  re-  PXcatfon 
port  to  the   state   board   of    education    whether   their 
respective  cities  have  made  provisions  required  by  this 
act;  and  in  case  the  said  board  of  any  city  shall  in  any  Penalty  for 

J  J  J    failure  to 

year  refuse  or  neglect  to  comply  with  the  provisions  of  make  report- 
section  three  and  section  eleven  of  this  act,  or  of  either 
of  them,  after  having  been  duly  notified  by  the  superin- 
tendent of  public  instruction,  twenty-five  per  centum 
of  the  money  apportioned  to  such  city  from  the  state 
for  school  purposes  shall  be  withheld  until  the  provis- 
ions of  said  section  three  and  section  eleven  of  this  act 
have  been  complied  with. 

Sec.  13.  All  fines  under  the  provisions  of  this  act  Fines  to  go 

,      ,,    .  ..    ,  .  into  public 

shall  mure  and  be  applied  to  the  support  of  the  public  school  fund. 
schools  in  the  city  where  such  offense  was  committed. 

Sec  14.  The  superior  courts  of  the  state  shall  have  superior 

.       .  ■"■  Courts  have 

jurisdiction  in  their  respective  counties   of    all    cases  .iurisdictiotl- 
arising  under  this  act,  and  all  rules  passed  in  conform- 
ity with  this  act. 

Sec.  15.  No  officer  performing-  any  dutv  under  any  officers  shaii 

1  o         j  j  „    uot  t,e  Liable 

of  the  provisions  of  this  act,  or  under  the  provisions  of  accrufnS  in 
any  rules  that  may  be  passed  in  pursuance  hereof, shall  ofdu™ance 
not  in  anywise  become  liable  for  any  costs  that  may 
accrue  in  the  performance  of  any  duty. 

Passed  the  House  March  2,  1899. 

Passed  the  Senate  March  9,  1899. 

Approved  March  14,  1899. 

To  take  effect  June  14,  1899. 
—9 


130 


GRAMMAR   SCHOOL   EXAMINERS. 


PROVIDING  FOR  COUNTY  BOARDS  OF  GRAMMAR  SCHOOL 
EXAMINERS. 

[Chapter  xlix,  Session  Laws  of  1901.] 

An  Act  providing  for  county  boards  of  grammar  school  examin- 
ers, prescribing  manner  of  appointment,  term  of  office,  duties 
and  compensation  of  such  boards. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Washington: 
Section  1.  The  county  superintendent  of  common 
schools  may,  when  in  his  judgment  the  interest  of  the 
schools  of  the  county  demand  it,  appoint,  for  one  year, 
four  persons  who,  with  the  county  superintendent, 
shall  constitute  a  county  board  of  examiners  for  the 
examination  of  pupils  of  the  common  schools  of  the 
county  desiring  grammar  school  certificates  of  gradua- 
tion: Provided,  That  no  person  shall  be  eligible  for 
appointment  as  a  member  of  said  board  who  does  not 
at  the  time  of  his  appointment  hold  a  valid  teacher's 
certificate  in  full  force  and  effect  under  the  laws  of  the 
State  of  Washington:  Provided  further,  That  the  county 
superintendent  may  appoint  assistant  examiners  who 
shall  serve  without  pay. 
Duty  of  board.  Sec.  2.  It  shall  be  the  duty  of  the  said  board  of 
grammar  school  examiners  to  meet  at  the  county  seat 
at  the  call  of  the  county  superintendent  for  the  purpose 
of  examining  pupils  desiring  grammar  school  certifi- 
cates of  graduation,  and  of  examining  and  grading 
such  manuscripts  as  may  be  on  file  in  the  county 
superintendent's  office,  written  by  pupils  under  the 
supervision  of  any  assistant  examiner.  Such  examina- 
tion shall  be  conducted  according  to  rules  prescribed 
by  the  Superintendent  of  Public  Instruction,  and  no 
other  questions  shall  be  used  in  said  examinations 
except  those  approved  or  furnished  by  him. 

Sec  3.  County  examiners  appointed  by  the  county 
superintendent  shall  receive  three  dollars  per  day  for 
the  time  actually  employed  in  the  examinations  herein 
provided  for;  such  compensation  shall  be  paid  out  of 
the  current  expense  fund  of  the  county :  Provided, 
That  no   examiner   shall  receive   pay  for    attendance 


Appointment 
by  county  su- 
perintendent. 


Board. 


Proviso. 


Proviso. 


Examination. 


Compensation. 


SCHOOL   DISTRICTS.  131 

upon  more  than  two  meetings  of  said  board  in  any  one 
year,  nor  for  more  than  four  days  at  any  one  of  such 
meetings. 

Passed  the  House  February  18,  1901. 

Passed  the  Senate  March  4,  1901. 

Approved  by  the  Governor,  March  6,  1901. 


AMENDING    BALLINGER'S   CODE    RELATIVE    TO    SCHOOL 
DISTRICTS. 

[Chapter  civ,  Session  Laws  of  1901.] 

AN  Act  amending  section  2394,  Ballinger's  Annotated  Codes  and 
Statutes  of  the  State  of  Washington,  and  declaring  an  emer- 
gency. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Washington: 

Section  1.  That  section  2394,  Ballinger's  Annotated  Amendment. 
Codes  and  Statutes  of  the  State  of  Washington  be  and 
the  same  is  hereby  amended  to  read  as  follows :  "  Sec. 
2394.  Whenever  any  school  district  in   this  state  shall 
have  heretofore,  under  any  of  the  acts  of  the  territorial 
or  State  Legislature  now  in  force,  issued  any  bonds  for  Bonds here^ 
the  purchase  of  any  school  house  site,  or  the  building 
of  any  school  house,  or  the  furnishing  of  the  same,  and 
the  amount  of  said  bonds  so  issued  and  negotiated  did 
not,  at  the  time  of  their  issue,  exceed  the   sum   of  five 
per  centum  of  the  taxable  property  of  the  said  school 
district,  it  shall  be  lawful  for  the  said  school  district  to 
issue  and  exchange  its  bonds  at  a   rate   of  interest  not  ofXbondI.e 
greater  than  that  borne  by  the  original  issue  of  bonds, 
par  for  par,  without  any  further  vote  of  the  school  dis- 
trict than  that  heretofore  had  or   required   by  existing 
law  at  the  time  of  their  issue,  and  said  bonds,  shall  in 
all  respects,  conform  to  and    be  governed  by  the  other 
provisions  of  this  act:    Provided,  That  in    cities  of  ten  '.'^7,1 ',' 
thousand    population    or    more,  whenever    any   bonds  th;l" ,utl"" 
issued  under  the  provisions  of   this  article  shall  reach 
maturity  and  shall  remain  unpaid,  the  board  of   direc- 
tors thereof  shall  have  the  power  to  fund  the  same  by 
issuing  coupon  bonds  conformable  to  the  requirements 


132 


Proviso. 


Denomina- 
tions. 


Emergency. 


TEACHERS'   CONTRACTS. 

of  this  act  and  exchanging  the  same  par  for  par,  for  the 
outstanding  bonds  as  aforesaid,  without  any  further  vote 
of  the  school  district :  Provided  further,  That  such  bonds 
shall  be  issued  in  denominations  of  not  less  than  one 
hundred  dollars  nor  more  than  one  thousand  dollars, 
shall  be  redeemable  within  twenty  years  from  date  of 
issue,  and  shall  draw  a  rate  of  interest  not  to  exceed  six 
per  centum  per  annum." 

Sec.  2.  An  emergency  exists  and  this  act  shall  take 
effect  immediately. 

Passed  the  Senate  February  28,  1901. 

Passed  the  House  March  13,  1901. 

Approved  by  tiie  Governor  March  16,  1901. 


Wilful 
violation,  by 
resignation. 


Revocation  of 
certificate  and 
disqualifica- 
tion. 


RELATIVE  TO  VIOLATION  OF  CONTRACTS  BY  SCHOOL 
TEACHERS. 

L  Chapter  cxxvi,  Session  Laws  of  1901.] 

AN  Act  relating-  to  school  teachers  who  violate  their  contracts  for 

teaching. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Washington  : 

Section  1.  All  teachers  in  the  public  schools  of  this 
state  who  shall  willfully  violate  the  terms  of  his  or  her 
contract  for  teaching  by  resigning  his  or  her  position 
as  teacher  without  a  written  notice  given  to  the  school 
board  at  least  thirty  days  before  the  time  when  the  res- 
ignation shall  take  effect  shall  have  his  or  her  certifi- 
cate revoked  by  the  state  school  superintendent  upon 
due  notice  from  the  school  board,  and  shall  be  disqual- 
ified from  teaching  in  the  public  schools  of  the  state 
for  the  remainder  of  the  school  year :  Provided,  That 
sickness  or  other  unavoidable  circumstances  which  pre- 
vent the  teacher  from  teaching  one  month  shall  be  suf- 
ficient reason  for  the  termination  of  the  contract:  And 
provided  further,  That  a  school  board  may  release  a 
teacher  from  a  contract  by  mutual  agreement. 

Passed  the  House  March  8,  1901. 

Passed  the  Senate  March  14,  1901. 

Approved  by  the  Governor  March  16,  1901. 


LIQUOR   LICENSE   FEES.  133 

Sec.  2383,  Ballinger's  Code. — Except  as  otherwise 
provided  by  law,  all  sums  of  money  derived  from  fines  f^noftenselgo 
imposed  for  violations  of  orders  of  injunction,  man-  schooffund1 
damus  and   other  like  writs,  or  for  contempt  of   court, 
and  the  clear  proceeds  of  all  fines  collected  within  the 
several  counties  of  the  state  for  breach   of  the  penal  rivelfrom  sale 
laws,  and  all  funds  arising  from  the  sale  of  lost  goods  gol^togenerai 
and  estrays,  and   from   penalties  and   forfeitures,  shall 
be  paid  over  in  cash  by  the  person  collecting  the  same 
within  twenty  days  after  the  collection,  to  the  county 
treasurer  of  the  county  in  which  the  same  have  ac- 
crued, and   shall  be  by  him   transmitted   to  the  State 
Treasurer,  who  shall  place  the  same  to  the  credit  of  the 
general  school  fund.     He  shall  indicate  in  such  entry 
the  source  from  which  such  money  was  derived.     (Cf. 
L.  '90,  p.  383,  sec.  89;  1  H.  C,  sec.  820;  L.  '97,  p.  400, 
sec.  113). 

Sec.  2933.  Ballinger's  Code. — The  board  of  county 
commissioners  of  each  county  in  the  State  of  Wash- 
ington shall  have  the  sole  and  exclusive  authority  and 
power  to  regulate,  restrain,  license  or  prohibit  the  sale 
or  disposal  of  spirituous,  fermented,  malt,  or  other  in- 
toxicating liquors  outside  of  the  corporate  limits  of 
each  incorporated  city,  incorporated  town,  or  incorpo- 
rated village  in  their  respective  counties :  Provided, 
That  the  annual  license  fee  for  the  sale  of  spirituous,  35  per  cent,  of 

r  '  moneys  de- 

fermented,  malt,  or  other  intoxicating  liquors  shall,  in  nquorf licenses 
no  instance,  be  less  than  three  hundred  dollars  or  more  fchoouundl^ 
than  one  thousand  dollars,  which  said  license  fee  shall 
be  paid  annually  in  advance  to  the  county  treasurer, 
who  shall  pay  ten  per  cent,  of  the  amount  into  the 
general  fund  of  the  State  Treasury,  thirty-five  per 
cent,  into  the  county  school  fund,  and  the  remaining 
fifty-five  per  cent,  into  the  general  county  fund:  Pro- 
vided further,  That  no  license  shall  be  granted  to  sell 
spirituous,  fermented,  malt,  or  other  intoxicating  li- 
quors by  said  county  commissioners  within  one  mile 
of  the  corporate  limits  of  any  incorporated  city,  town 
or  village.     (L.  '88,  p.  124.,  Sec.  1 ;  1  H.  C,  Sec.  2808). 


APPENDIX. 


STATE  CONSTITUTION— OFFICIAL  OPINIONS  AND 
RULINGS  ON  QUESTIONS  OF  SCHOOL  LAW- 
FORMS  FOR  USE  OF  SCHOOL  OFFICERS  AND 
TEACHERS. 


CONSTITUTION,  STATE  OF  WASHINGTON. 


PREAMBLE. 


\VF.,  Till'.   1'KoI'l.K  <>1''   'NIK  STATU   ill'  WASH  I  Ni  JToN,  ( i  U  AT  K FIJI.   To  THE   SUPREME 
RULER  OE  THE  UNIVERSE  FOR  OUR  LIBERTIES,  DO  ORDAIN  THIS  CONSTITUTION. 


ARTICLE  I. -^DECLARATION  OF  RIGHTS. 

Section  1.  All   political   power   is  inherent  in   the  JJJJg >al 
people,  and  governments  derive  their  just  powers  from 
the   consent  of  the  governed,  and  are  established  to 
protect  and  maintain  individual  rights. 

Sec.  2.  The  Constitution  of  the  United  States  is  the  supreme  law. 
supreme  law  of  the  land. 

Sec  3.  No  person  shall  be  deprived  of  life,  liberty  sight  of  trial, 
or  property  without  due  process  of  law. 

Sec  4.  The    right  of    petition,    and    of    the   people  j';;1; 
peaceably  to   assemble   for    the    common    good,   shall 
never  be  abridged. 

Sec  5.  Every  person   may  freely  speak,  write  and  J2£e3&ed. 
publish  on  all  subjects,  being  responsible  for  the  abuse 
of  that  right. 

Sec  6.  The  mode  of  administering  an  oath,  or  affir-  !,',',',!'- 
mation,  shall  be  such  as -may  be  most  consistent  with 
and   binding    upon   the   conscience   of    the  person  to 
whom  such  oath,  or  affirmation,  may  be  administered. 

Sec  7.  No  person  shall  be  disturbed  in  his  private  ££»£ 
affairs,  or  his  home  invaded,  without  authority  of  law. 

Sec  8.  No  law  granting  irrevocably  any  privilege, 
franchise  or  immunity  shall  be  passed  by  the  legisla- 
ture. 

Sec  9.  No  person  shall  be  compelled  in  any  criminal  f,1.1,1,™^^ 
case  to  give  evidence  against  himself,  or  be  twice  put  """ 
in  jeopardy  for  the  same  offense. 

Sec  10.  Justice  in  all  cases  shall  be  administered 
openly,  and  without  unnecessary  delay. 

(137) 


138  STATE   CONSTITUTION. 

Sec.  11.  Absolute  freedom  of  conscience  in  all  matters 
ffity°us  of  religious  sentiment,  belief  and  worship,  shall  be 
guaranteed  to  every  individual,  and  no  one  shall  be 
molested  or  disturbed  in  person  or  property  on  account 
of  religion,  but  the  liberty  of  conscience  hereby  secured 
shall  not  be  so  construed  as  to  excuse  acts  of  licentious- 
ness, or  justify  practices  inconsistent  with  the  peace 
and  safety  of  the  state.  No  public  money  or  property 
shall  be  appropriated  for  or  applied  to  any  religious 
worship,  exercise  or  instruction,  or  the  support  of  any 
religious  establishment.  No  religious  qualification 
shall  be  required  for  any  public  office  or  employment, 
nor  shall  any  person  be  incompetent  as  a  witness  or 
juror  in  consequence  of  his  opinion  on  matters  of 
religion,  nor  be  questioned  in  any  court  of  justice 
touching  his  religious  belief  to  effect  the  weight  of  his 
testimony. 
fegefsiaKt  ^ec.  12>  No  ^aw  sna^  be  passed  granting  to  any 
be  granted.  citizen,  class  of  citizens,  or  corporation  other  than 
municipal,  privileges  or  immunities  which  upon  the 
same  terms  shall  not  equally  belong  to  all  citizens  or 
corporations, 
^of  habeas  gEC<  13,  The  privilege  of  the  writ  of  habeas  corpus 
shall  not  be  suspended  unless  in  case  of  rebellion  or 
invasion  the  public  safety  requires  it. 
Excessive  bail.  Sec  14.  Excessive  bail  shall  not  be  required,  exces- 
sive fines  imposed,  nor  cruel  punishment  inflicted. 

Sec  15.    No    conviction    shall   work    corruption    of 
blood,  nor  forfeiture  of  estate. 
Taking  of  pri-       Sec    16.    Private    property   shall   not   be  taken   for 

vate  property.  r       r        •/ 

private  use,  except  for  private  ways  of  necessity,  and 
for  drains,  flumes  or  ditches  on  or  across  the  lands  of 
others  for  agricultural,  domestic  or  sanitary  purposes. 
No  private  property  shall  be  taken  or  damaged  for 
public  or  private  use  without  just  compensation  having 
been  first  made,  or  paid  into  court  for  the  owner,  and 
no  right-of-way  shall  be  appropriated  to  the  use  of  any 
corporation  other  than  municipal,  until  full  compen- 
sation therefor  be  first  made  in  money,  or  ascertained 
and  paid  into  the  court  for  the  owner,  irrespective  of 


STATE   CONSTITUTION.  139 

any  benefit  from  any  improvement  proposed  by  such 
corporation,  which  compensation  shall  be  ascertained 
by  a  jury,  unless  a  jury  be  waived  as  in  other  civil  cases 
in  courts  of  record,  in  the  manner  prescribed  by  law. 
Whenever  an  attempt  is  made  to  take  private  property 
for  a  use  alleged  to  be  public,  the  question  whether  the 
contemplated  use  be  really  public  shall  be  a  judicial 
question,  and  determined  as  such  without  regard  to 
any  legislative  assertion  that  the  use  is  public. 

Sec.  17.  There  shall  be  no   imprisonment  for  debt,  menTforTebt. 
except  in  cases  of  absconding  debtors. 

Sec.  18.  The  military  shall  be  in  strict  subordination  JSJorff&ate. 
to  the  civil  power. 

Sec.  19.  All  elections  shall  be  free  and  equal,  and  no  ^u^befree 
power,  civil  or  military,  shall  at  any  time  interfere  to  andeiuaL 
prevent  the  free  exercise  of  the  right  of  suffrage. 

Sec.  20.  All  persons  charged  with  crime  shall  be 
bailable  by  sufficient  sureties,  except  for  capital  offences, 
when  the  proof  is  evident  or  the  presumption  great. 

Sec.  21.  The  right  of  trial  by  jury  shall  remain  in-  bygjur°.  * 
violate,  but  the  legislature  may  provide  for  a  jury  of 
any  number  less  than  twelve  in  courts  not  of  record, 
and  for  a  verdict  of  nine  or  more  jurors  in  civil  cases 
in  any  court  of  record,  and  for  waiving  of  the  jury  in 
civil  cases  where  the  consent  of  the  parties  interested 
is  given  thereto. 

Sec.  22.  In  criminal  prosecutions,  the  accused  shall  tafj^n^sourt. 
have  the  right  to  appear  and  defend  in  person  and  by 
counsel,  to  demand  the  nature  and  cause  of  the  accu- 
sation against  him,  to  have  a  copy  thereof,  to  testify 
in  his  own  behalf,  to  meet  the  witnesses  against  him 
face  to  face,  to  have  compulsory  process  to  compel  the 
attendance  of  witnesses  in  his  own  behalf,  to  have  a 
speedy  public  trial  by  an  impartial  jury  of  the  county 
in  which  the  offense  is  alleged  to  have  been  committed, 
and  the  right  to  appeal  in  all  cases  ;  and  in  no  instance  appeai°f 
shall  any  accused  person  before  final  judgment  be  com- 
pelled to  advance  money  or  fees  to  secure  the  rights 
herein  guaranteed. 

Sec.  23.  No  bill  of  attainder,  ex  post  facto  law,  or  law  ^xpostfact 


140 


STATE   CONSTITUTION. 


Right  to  bear 
arms. 


Prosecution  by 
information. 


Grand  jury. 


Treason. 


Constitution 
mandatory. 


Standing 
army. 


Legislature. 


impairing  the    obligations  of  contracts    shall  ever  be 
passed. 

Sec.  24.  The  right  of  the  individual  citizen  to  bear 
arms  in  defense  of  himself  or  the  state  shall  not  be  im- 
paired, but  nothing  in  this  section  shall  be  construed 
as  authorizing  individuals  or  corporations  to  organize, 
maintain  or  employ  an  armed  body  of  men. 

Sec.  25.  Offenses  heretofore  required  to  be  prose- 
cuted by  indictment  may  be  prosecuted  by  information 
or  by  indictment,  as  shall  be  prescribed  by  law. 

Sec.  26.  No  grand  jury  shall  be  drawn  or  summoned 
in  any  county,  except  the  superior  judge  thereof  shall 
so  order. 

Sec.  27.  Treason  against  the  state  shall  consist  only 
in  levying  war  against  the  state,  or  adhering  to  its  en 
emies,  or  in  giving  them  aid  and  comfort.  No  person 
shall  be  convicted  of  treason  unless  on  the  testimony 
of  two  witnesses  to  the  same  overt  act,  or  confession  in 
open  court. 

Sec.  28.  No  hereditary  emoluments,  privileges  or 
powers  shall  be  granted  or  conferred  in  this  state. 

Sec  29.  The  provisions  of  this  constitution  are  man- 
datory unless  by  express  words  they  are  declared  to  be 
otherwise. 

Sec.  30.  The  enumeration  in  this  constitution  of  cer- 
tain rights  shall  not  be  construed  to  deny  others  re- 
tained by  the  people. 

Sec.  31.  No  standing  army  shall  be  kept  up  by  this 
state  in  time  of  peace,  and  no  soldiers  shall  in  time  of 
peace  be  quartered  in  any  house  without  the  consent 
of  its  owner,  nor  in  time  of  war  except  in  the  manner 
prescribed  by  law. 

Sec  32.  A  frequent  recurrence  to  fundamental  prin- 
ciples is  essential  to  the  security  of  individual  right 
and  the  perpetuity  of  free  government. 

ARTICLE    II.— LEGISLATIVE    DEPARTMENT. 

Section  1.  The  legislative  powers  shall  be  vested  in 
a  Senate  and  House  of  Representatives,  which  shall  be 
called  the  Legislature  of  the  State  of  Washington. 


STATE   CONSTITUTION.  141 

Sec.  2.  The  House  of  Representatives  shall  be  com- 
posed of  not  less  than  sixty-three  nor  more  than  ninety-  J^^^p 
nine  members.  The  number  of  senators  shall  not  be 
more  than  one-half  nor  less  than  one-third  of  the  num- 
ber of  members  of  the  House  of  Representatives.  The4 
first  Legislature  shall  be  composed  of  seventy  members 
of  the  House  of  Representatives  and  thirty-five  Sena- 
tors. 

Sec.  3.  The  Legislature  shall  provide  by  law  for  an  state  census. 
enumeration  of  the  inhabitants  of  the  state  in  the  year 
one  thousand  eight  hundred  and  ninety-five,  and  every 
ten  years  thereafter  ;  and  at  the  first  session  after  such 
enumeration,  and  also  after  each  enumeration  made  by 
the  authority  of  the  United  States,  the  Legislature  shall 
apportion  and  district  anew  the  members  of  the  Senate 
and  House  of  Reprsentatives,  according  to  the  number 
of  inhabitants,  excluding  Indians  not  taxed,  soldiers, 
sailors  and  officers  of  the  United  States  army  and  navy 
in  active  service. 

Sec.  4.    Members  of  the  House  of   Representatives  ^/represent*-11 
shall  be  elected  in  the  year  eighteen  hundred  and  eighty-  atlves- 
nine,  at  the  time  and  in  the  manner  provided  by  this 
constitution,  and  shall  hold  their  offices  for  the  term  of  otflcereof 
one  year  and  until  their  successors  shall  be  elected. 

Sec.  5.    The  next  election  of   the  members   of  the  second  and 

subsequent 

House  of  Representatives  after  the  adoption  of  this  elections- 
constitution  shall  be  on  the  first  Tuesday  after  the  first 
Monday  of  November,  eighteen  hundred  and  ninety, 
and  thereafter  members  of  the  House  of  Representa- 
tives shall  be  elected  biennially,  and  their  term  of 
office  shall  be  two  years ;  and  each  election  shall  be  on 
the  first  Tuesday  after  the  first  Monday  in  November, 
unless  otherwise  changed  by  law. 

Sec.  6.  After  the  first  election  the  senators  shall  be  Election  of 

state  senator- 
elected  by  single  districts  of  convenient  and  contiguous 

territory  at  the  same  time  and  in  the  same  manner  as 

members  of  the  House  of  Representatives  are  required 

to  be  elected,  and  no  representative  district  shall  be 

divided  in  the  formation  of  a  senatorial  district.    They 

shall  be  elected  for  the  term  of  four  years,  one-half  of 


142 


STATE  CONSTITUTION. 


Eligibility. 


Election 
returns. 


Quorum. 


Rules. 


their  number  retiring  every  two  years.  The  senatorial 
districts  shall  be  numbered  consecutively,  and  the 
senators  chosen  at  the  first  election  had  by  virtue  of 
this  constitution,  in  odd  numbered  districts,  shall  go 
, out  of  office  at  the  end  of  the  first  year,  and  the  Senators 
elected  in  the  even  numbered  districts  shall  go  out 
of  office  at  the  end  of  the  third  year. 

Sec.  7.  No  person  shall  be  eligible  to  the  Legislature 
who  shall  not  be  a  citizen  of  the  United  States  and  a 
qualified  voter  in  the  district  for  which  he  is  chosen. 

Sec.  8.  Each  House  shall  be  the  judge  of  the  elec- 
tion, returns,  and  qualifications  of  its  own  members, 
and  a  majority  of  each  House  shall  constitute  a  quorum 
to  do  business,  but  a  smaller  number  may  adjourn 
from  day  to  day  and  may  compel  the  attendance  of 
absent  members  in  such  manner  and  under  such 
penalties  as  each  House  may  provide. 

Sec.  9.  Each  House  may  determine  the  rules  of  its 
own  proceedings,  punish  for  contempt  and  disorderly 
behavior,  and,  with  the  concurrence  of  two-thirds  of 
all  the  members  elected,  expel  a  member,  but  no  mem- 
ber shall  be  expelled  a  second  time  for  the  same 
offense. 

Sec.  10.  Each  House  shall  elect  its  own  officers,  and 
when  the  Lieutenant  Governor  shall  not  attend  as 
president,  or  shall  act  as  Governor,  the  Senate  shall 
chose  a  temporary  president.  When  presiding,  the 
Lieutenant  Governor  shall  have  the  deciding  vote  in 
case  of  an  equal  division  of  the  Senate. 

Sec.  11.  Each  House  shall  keep  a  journal  of  its  pro- 
ceedings and  publish  the  same,  except  such  parts  as 
require  secrecy.  The  doors  of  each  House  shall  be 
kept  open,  except  when  the  public  welfare  shall  require 
secrecy.  Neither  House  shall  adjourn  for  more  than 
Adjournment,  three  days,  nor  to  any  place  other  than  that  in  which 
they  may  be  sitting,  without  the  consent  of  the  other. 

Sec.  12.  The  first  Legislature  shall  meet  on  the  first 
Wednesday  after  the  first  Monday  in  November,  A.  D. 
1889.  The  second  Legislature  shall  meet  on  the  first 
Wednesday  after   the  first  Monday  in  January,  A.  D. 


Officers  of 
each  house 


Journal. 


Meetings  of 
the  Legis- 
lature. 


STATE   CONSTITUTION.  143 

1891,  and  sessions  of  the  Legislature  will  be  held 
biennially  thereafter,  unless  specially  convened  by  the 
Governor,  but  the  times  of  meeting  of  subsequent  ses- 
sions may  be  changed  by  the  Legislature.  After  the  ^™^nof 
first  Legislature  the  sessions  shall  not  be  more  than 
sixty  days. 

Sec.  13.  No  member  of   the  Legislature,  during  th'e'gSfiSwsto 
term   for  which   he   is   elected,  shall   be   appointed   or  ce 
elected  to  any  civil  office  in  the  state,  which  shall  have 
been  created,  or  the  emoluments  of   which   shall  have 
been   increased,  during  the    term    for   which    he   was 
elected. 

Sec.  14.  No  person,  being  a  member  of  Congress,  or  JJJjrfEieto 
holding  any  civil  or  military  office  under  the  United  LeStm4pin 
States  or  any  other  power,  shall  be  eligible  to  be  a 
member  of  the  Legislature  ;  and  if  any  person  after  his 
election  as  a  member  of  the  Legislature  shall  be  elected 
to  Congress  or  be  appointed  to  any  other  office,  civil  or 
military,  under  the  government  of  the  United  States, 
or  any  other  power,  his  acceptance  thereof  shall  vacate 
his  seat:  Provided,  That  officers  in  the  militia  of  the 
state  who  receive  no  annual  salary,  local  officers  and 
postmasters,  whose  compensation  does  not  exceed  three 
hundred  dollars  per  annum,  shall  not  be  ineligible. 

Sec.  15.  The  Governor   shall  issue  writs   of  election  vacancies. 
to  fill  such  vacancies  as  may  occur  in   either  house  of 
the  Legislature. 

Sec.  16.  Members  of  the  Legislature  shall   be  privi-  immunity 

°  r  from  arrest. 

leged  from  arrest  in  all  cases  except  treason,  felony  and 
breach  of  the  peace  ;  they  shall  not  be  subject  to  any 
civil  process  during  the  session  of  the  Legislature,  nor 
for  fifteen  days  next  before  the  commencement  of  each 
session. 

Sec.  17.  No    member    of    the    Legislature    shall    be  Free  speech, 
liable  in  any  civil  action  or  criminal  prosecution  what- 
ever for  words  spoken  in  debate. 

Sec.  18.  The  style  of  the  laws  of  the  state  shall  be:  styieofiaws. 
"Be  it  enacted  by  the  Legislature  of  the  State  of  Wash- 
ington."    And  no  law  shall   be  enacted  except  by  bill. 


144 


STATE   CONSTITUTION. 


But  one  sub- 
ject in  bill. 


Either  house 
may  amend. 


Yeas  and  nays. 


Yeas  and  nays 
in  passage  of 
bill. 


Compensation 
of  members. 


Lottery. 
Divorce. 


Extra  com- 
pensation 
forbidden. 


Suit  against 
state. 


Private  laws 
forbidden  in 
certain  cases. 


Sec.  19.  No  bill  shall  embrace  more  than  one  sub- 
ject, and  that  shall  be  expressed  in  the  title. 

Sec.  20.  Any  bill  may  originate  in  either  house  of 
the  Legislature,  and  a  bill  passed  by  one  house  may  be 
amended  in  the  other. 

Sec.  21.  The  yeas  and  nays  of  the  members  of 
either  house  shall  be  entered  on  the  journal  on  the  de- 
mand of  one-sixth  of  the  members  present. 

Sec.  22.  No  bill  shall  become  a  law  unless  on  its 
final  passage  the  vote  be  taken  by  yeas  and  nays,  the 
names  of  the  members  voting  for  and  against  the  same 
be  entered  on  the  journal  of  each  house,  and  a  major- 
ity of  the  members  elected  to  each  house  be  recorded 
thereon  as  voting  in  its  favor. 

Sec.  23.  Each  member  of  the  Legislature  shall  receive 
for  his  services  five  dollars  for  each  day's  attendance 
during  the  session,  and  ten  cents  for  every  mile  he 
shall  travel  in  going  to  and  returning  from  the  place 
of  meeting  of  the  Legislature,  on  the  most  usual  route. 

Sec.  24.  The  Legislature  shall  never  authorize  any 
lottery  or  grant  any  divorce. 

Sec.  25.  The  Legislature  shall  never  grant  any  extra 
compensation  to  any  public  officer,  agent,  servant  or 
contractor  after  the  services  shall  have  been  rendered 
or  the  contract  entered  into,  nor  shall  the  compensa- 
tion of  any  public  officer  be  increased  or  diminished 
during  his  term  of  office. 

Sec.  26.  The  Legislature  shall  direct  by  law  in  what 
manner  and  in  what  courts  suits  may  be  brought 
against  the  state. 

Sec.  27.  In  all  elections  by  the  Legislature  the  mem- 
bers shall  vote  viva  voce,  and  their  votes  shall  be  en- 
tered on  the  journal. 

SPECIAL   LEGISLATION. 

Sec.  28.  The  Legislature  is  prohibited  from  enacting 
any  private  or  special  law  in  the  following  cases : 

1.  For  changing  the  names  of  persons,  or  constitut- 
ing one  person  the  heir  at  law  of  another. 

2.  For  laying  out,  opening  or  altering  highways,  ex- 
cept in  cases  of  state  roads  extending  into  more  than 


STATE  CONSTITUTION.  145 

one  county,  and  military  roads  to  aid  in  the  construc- 
tion of  which  lands  shall  have  been  or  may  be  granted 
by  Congress. 

3.  For  authorizing  persons  to  keep  ferries  wholly 
within  this  state. 

4.  For  authorizing  the  sale  or  mortgage  of  real  or 
personal  property  of  minors,  or  others  under  disability. 

5.  For  assessment  or  collection  of  taxes,  or  for  ex- 
tending the  time  for  collection  thereof. 

6.  For  granting  corporate  powers  or  privileges. 

7.  For  authorizing  the  apportionment  of  any  part  of 
the  school  fund. 

8.  For  incorporating  any  town  or  village,  or  to 
amend  the  charter  thereof. 

9.  [From]  giving  effect  to  invalid  deeds,  wills  or 
other  instruments. 

10.  Releasing  or  extinguishing,  in  whole  or  in  part, 
the  indebtedness,  liability  or  other  obligation  of  any 
person  or  corporation  to  this  state,  or  to  any  municipal 
corporation  therein. 

11.  Declaring  any  person  of  age,  or  authorizing  any 
minor  to  sell,  lease  or  encumber  his  or  her  property. 

12.  Legalizing,  except  as  against  the  state,  the  unau- 
thorized or  invalid  act  of  any  officer. 

J3.  Regulating  the  rates  of  interest  on  money. 

14.  Remitting  fines,  penalties  or  forfeitures. 

15.  Providing  for  the  management  of  common 
schools. 

16.  Authorizing  the  adoption  of  children. 

17.  For  limitation  of  civil  or  criminal  action. 

18.  Changing  county  lines,  locating  or  ckanging 
count)'  seats :  Provided,  This  shall  not  be  construed  to 
apply  to  the  creation  of  new  counties. 

Sec.  29.    After  the  first  day   of  January,  eighteen  Labor  of 

J  _  ■/  »         o  convicts. 

hundred  and  ninety,  the  labor  of  convicts  of  this  state 
shall  not  be  let  out  by  contract  to  any  person,  copart- 
nership, company  or  corporation,  and  the  Legislature 
shall  by  law  provide  for  the  working  of  ponvicts  for  the 
benefit  of  the  state. 
—10 


146  STATE  CONSTITUTION. 

Sec.  30.  The  offense  of  corrupt  solicitation  of  mem- 

solicitation  ^ers  °^  tne  Legislature,  or  of  public  officers  of  the  state 
or  any  municipal  division  thereof,  and  any  occupation 
or  practice  of  solicitation  of  such  members  or  officers 
to  influence  their  official  action,  shall  be  defined  by 
law,  and  shall  be  punished  by  fine  and  imprisonment. 
Any  person  may  be  compelled  to  testify  in  any  lawful 
investigation  or  judicial  proceeding  against  any  person 
who  may  be  charged  with  having  committed  the  offense 
of  bribery  or  corrupt  solicitation,  or  practice  of  solici- 
tation, and  shall  not  be  permitted  to  withhold  his  tes- 
timony on  the  ground  that  it  may  criminate  himself 
or  subject  him  to  public  infamy,  but  such  testimony 
shall  not  afterwards  be  used  against  him  in  any  judi- 
cial proceeding — except  for  perjury  in  giving  such 
testimony  —  and  any  person  convicted  of  either  of  the 
offenses  aforesaid,  shall,  as  part  of  the  punishment 
therefor,  be  disqualified  from  ever  holding  any  position 
of  honor,  trust  or  profit  in  this  state.  A  member  who 
has  a  private  interest  in  any  bill  or  measure  proposed 
or  pending  before  the  Legislature  shall  disclose  the 
fact  to  the  house  of  which  he  is  a  member,  and  shall 
not  vote  thereon. 

effect  when.  ^ec.  ^1-    No   lawr,    except   appropriation   bills,  shall 

take  effect  until  ninety  days  after  the  adjournment  of 
the  session  at  which  it  was  enacted,  unless  in  case  of 
an  emergency  (which  emergency  must  be  expressed  in 
the  preamble  or  in  the  body  of  the  act)  the  Legislature 
shall  otherwise  direct  by  vote  of  two-thirds  of  all  the 
members  elected  to  each  house;  said  vote  to  be  taken 
by  yeas'and  nays  and  entered  on  the  journals. 

office^!  Sec-  32-  No  bill  sha11  become  a  law  until  the  same 

shall  have  been  signed  by  the  presiding  officer  of  each 
of  the  two  houses  in  open  session,  and  under  such 
rules  as  the  Legislature  shall  prescribe. 

ofWiandshby  Sec.  33.  The  ownership  of  land  by  aliens,  other  than 

those  who  in  good  faith  have  declared  their  intention 
to  become  citizens  of  the  United  States,  is  prohibited 
in  this  state,  except  where  acquired  by  inheritance, 
under  mortgage  or  in  good  faith  in  the  ordinary  course 


Members  shall 
not  vote  in 
certain  cases. 


aliens. 


STATE  CONSTITUTION.  147 

of  justice  in  the  collection  of  debts;  and  all  conveyances 
of  lands  hereafter  made  to  any  alien  directly,  or  in 
trust  for  such  alien,  shall  be  void  :  Provided,  That  the 
provisions  of  this  section  shall  not  apply  to  lands  con- 
taining valuable  deposits  of  minerals,  metals,  iron,  coal 
or  fire  clay,  and  the  necessary  land  for  mills  and 
machinery  to  be  used  in  the  development  thereof  and 
the  manufacture  of  the  products  therefrom.  Every 
corporation,  the  majority  of  the  capital  stock  of  which 
is  owned  by  aliens,  shall  be  considered  an  alien  for  the 
purpose  of  this  prohibition. 

Sec.  34.  There  shall  be  established  in  the  office  of  B^au  of 

statistics. 

the  Secretary  of  State,  a  bureau  of  statistics,  agriculture 
and  immigration,  under  such  regulations  as  the  Legis- 
lature may  provide. 

Sec.  35.    The  Legislature  shall  pass  necessary  laws  Laws  relating 

to  mines  and. 

for  the  protection  of  persons  working  in  mines,  factories  factories. 
and  other  employment  dangerous  to  life  and  deleterious 
to  health ;  and  fix  pains  and  penalties  for  the  enforce- 
ment of  same. 

Sec.  36.  No  bill  shall  be  considered  in  either  house  SSffiSffited. 
unless  the  time  of  its  introduction  shall  have  been  at 
least  ten  days  before  the  final  adjournment  of  the 
Legislature,  unless  the  Legislature  shall  otherwise  direct 
by  a  vote  of  two-thirds  of  all  the  members  elected  to 
each  house,  said  vote  to  be  taken  by  j^eas  and  nays  and 
entered  upon  the  journal,  or  unless  the  same  be. at  a 
special  session. 

Sec.  37.  No  act  shall  ever  be  revised  or  amended  bv  AmencUng 

J    laws. 

mere  reference  to  its  title,  but  the  act  revised  or  the 
section  amended  shall  be  set  forth  at  full  length. 

Sec  38.   No  amendment  to  anv  bill  shall  be  allowed  Amendment 

i    •    i        i      ii       i  '  to  bills. 

which  shall  change  the  scope  or  object  of  the  bill. 

Sec  39.  It  shall  not  be  lawful  for  any  person  hold-  ^bidden 
ing  public  office  in  this  state  to  accept  or  use  a  pass  or 
to  purchase  transportation  from  any  railroad  or  other 
corporation,  other  than  as  the  same  may  be  purchased 
by  the  general  public,  and  the  Legislature  may  pass 
laws  to  enforce  this  provision. 


148 


STATE   CONSTITUTION. 


ARTICLE   III. — THE   EXECUTIVE. 


Executive  de- 
partment con- 
sists of  whom. 


Governor. 


Tenure  of 
office. 


Other  officers. 


Tenure  of 
office. 


Election  of 
executive 
officers. — 
Returns. 


Certificate 
of  election. 


Contested 
elections. 


rmtie     i 

Governor. 


Section  1.  The  executive  department  shall  consist 
of  a  Governor,  Lieutenant  Governor,  Secretary  of 
State,  Treasurer,  Auditor,  Attorney  General,  Superin- 
tendent of  Public  Instruction,  and  a  Commissioner  of 
Public  Lands,  who  shall  be  severally  chosen  by  the 
qualified  electors  of  the  state  at  the  same  time  and 
place  of  voting  as  for  the  members  of  the  Legislature. 

Sec. '2.  The  supreme  executive  power  of  this  state 
shall  be  vested  in  a  Governor,  who  shall  hold  his  office 
for  a  term  of  four  years,  and  until  his  successor  is 
elected  and  qualified. 

Sec.  3.  The  Lieutenant  Governor,  Secretary  of  State, 
Treasurer,  Auditor,  Attorney  General,  Superintendent 
of  Public  Instruction,  and  Commissioner  of  Public 
Lands,  shall  hold  their  offices  for  four  years,  respec- 
tively, and  until  their  successors  are  elected  and  quali- 
fied. 

Sec.  4.  The  returns  of  every  election  for  the  officers 
named  in  the  first  section  of  this  article  shall  be  sealed 
up  and  transmitted  to  the  seat  of  government  by  the 
returning  officers,  directed  to  the  Secretary  of  State, 
who  shall  deliver  the  same  to  the  speaker  of  the  House 
of  Representatives  at  the  first  meeting  of  the  House 
thereafter,  who  shall  open,  publish  and  declare  the  re- 
sult thereof  in  the  presence  of  a  majority  of  the  mem- 
bers of  both  houses.  The  person  having  the  highest 
number  of  votes  shall  be  declared  duly  elected,  and  a 
certificate  thereof  shall  be  given  to  such  person,  signed 
by  the  presiding  officers  of  both  houses;  but  if  any 
two  or  more  shall  be  highest  and  equal  in  votes  for  the 
same  office,  one  of  them  shall  be  chosen  «by  the  joint 
vote  of  both  houses.  Contested  elections  for  such 
officers  shall  be  decided  by  the  Legislature  in  such 
manner  as  shall  be  decided  by  law.  The  terms  of  all 
officers  named  in  section  one  of  this  article  shall 
commence  on  the  second  Monday  in  January  after 
their  election,  until  otherwise  provided  by  law. 

Sec.  5.  The  Governor  may  require  information  in 
writing  from  the  officers  of  the  state  upon  any  subject 


STATE   CONSTITUTION.  149 

relating  to   the   duties  of  their   respective   offices,  and 
shall  see  that  the  laws  are  faithfully  executed. 

Sec.  6.  He  shall   communicate  at  every  session  by  Message, 
message  to  the  Legislature  the  condition  of  the  affairs 
of  the  state,  and  recommend  such  measures  as  he  shall 
deem  expedient  for  their  action. 

Sec.  7.  He  may,  on  extraordinary  occasions,  convene  Legislatures 
the  Legislature    by  proclamation,  in  which    shall    be ex,ra  session- 
stated  the  purposes  for  which  the  Legislature  is  con- 
vened. 

Sec.  S.  He  shall  be  commander-in-chief  of  the  mili-  commander- 

in-chief. 

tary  ?:i  the  state  except  when  they  shall  be  called  into 
the  service  of  the  United  States. 

Sec.  9.  The  pardoning  power  shall  be  vested  in  the  Pardoning 

r  or  powers. 

Governor  under  such  regulations  and  restrictions  as 
may  be  prescribed  by  law. 

Sec  10.  In  case  of  the  removal,  resignation,  death  Duties  snaii 

°  devolve  on 

or  disability  of  the  Governor,  the  duties  of  the  office  Lieutenant 

J  Governor. 

shall  devolve  upon  the  Lieutenant  Governor,  and  in  case  when- 
of  a  vacancy  in  both  the  offices  of  Governor  and  Lieu- 
tenant Governor,  the  duties  of  Governor  shall  devolve 
upon  the  Secretary  of  State,  who  shall  act  as  Governor 
until  the  disability  be  removed  or  a  Governor  be  elected. 

Sec.  11.  The  Governor  shall  have  power  to  remit  mayremit 
fines  and  forfeitures,  under  such  regulations  as  may 
be  prescribed  by  law,  and  shall  report  to  the  Legisla- 
ture at  its  next  meeting  each  case  of  reprieve,  commu- 
tation, or  pardon  granted,  and  the  reasons  for  granting 
the  same,  and  also  the  names  of  all  persons  in  whose 
favor  remission  of  fines  and  forfeitures  shall  have  been 
made,  and  the  several  amounts  remitted  and  the  rea- 
sons for  the  remission. 

Sec  12.  Every  act  which  shall  have  passed  the  Leg-  Duties  of 

J  r  °    Governor  in 

islature  shall  be,  before  it  becomes  a  law,  presented  to  enactment  of 
the  Governor.  If  he  approves,  he  shall  sign  it;  but  if  laws--Vetoes 
not,  he  shall  return  it,  with  his  objections,  to  that 
house  in  which  it  shall  have  originated,  which  house 
shall  enter  the  objections  at  large  upon  the  journal 
and  proceed  to  reconsider.  If,  after  such  reconsidera- 
tion, two-thirds  of  the  members  present  shall  agree  to 


150  STATE   CONSTITUTION. 

pass  the  bill,  it  shall  be  sent,  together  with  the  objec- 
tions, to  the  other  house,  by  which  it  shall  likewise  be 
reconsidered,  and  if  approved  by  two-thirds  of  the 
members  present,  it  shall  become  a  law ;  but  in  all 
such  cases  the  vote  of  both  houses  shall  be  determined 
by  the  yeas  and  nays  and  the  names  of  the  members 
voting  for  or  against  the  bill  shall  be  entered  upon  the 
journal  of  each  house  respectively.  If  any  bill  shall 
not  be  returned  by  the  Governor  within  five  days, 
Sunday  excepted,  after  it  shall  be  presented  to  him,  it 
shall  become  a  law  without  his  signature,  unless  the 
general  adjournment  shall  prevent  its  return,  in  which 
case  it  shall  become  a  law  unless  the  Governor  within 
ten  days  next  after  the  adjournment,  Sundays  excepted, 
shall  file  such  bill,  with  his  objections  thereto,  in  the 
office  of  Secretary  of  State,  who  shall  lay  the  same  be- 
fore the  Legislature  at  its  next  session  in  like  manner 
as  if  it  had  been  returned  by  the  Governor.  If  any 
bill  presented  to  the  Governor  contain  several  sections 
or  items,  he  may  object  to  one  or  more  sections  or 
items  while  approving  other  portions  of  the  bill.  In 
such  case  he  shall  append  to  the  bill,  at  the  time  of 
signing  it,  a  statement  of  the  section  or  sections,  item 
or  items  to  which  he  objects  and  the  reasons  therefor 
and  the  section  or  sections,  item  or  items,  so  objected 
to  shall  not  take  effect  unless  passed  over  the  Gov- 
ernor's objection  as  hereinbefore  provided. 

bySfnt°-*es  ^ec.  13-  When,  during  a  recess  of  the  Legislature,  a 
vacancy  shall  happen  in  any  office,  the  appointment  to 
which  is  vested  in  the  Legislature,  or  when  at  any  time 
a  vacancy  shall  have  occurred  in  any  other  state  office, 
for  the  filling  of  which  vacancy  no  provision  is  made 
elsewhere  in  this  constitution,  the  Governor  shall  fill 
such  vacancy  by  appointment,  which  shall  expire  when 
a  successor  shall  have  been  elected  and  qualified. 

Governor.  Sec.  14.  The  governor  shall  receive  an  annual  salary 

of  four  thousand  dollars,  which  may  be  increased  by 
law,  but  shall  never  exceed  six  thousand  dollars  per 
annum. 

Sec.  15.  All  commissions  shall  issue  in  the  name  of 


May  veto  one 
or  more  items 
or  sections. 


STATE  CONSTITUTION.  151 

the  state,  shall  be  signed  by  the  Governor,  sealed  with  ^^11 
the  seal  of  the  state,  and   attested  by  the  Secretary  of commissi011s- 
State. 

Sec.  16.  The  Lieutenant  governor  shall  be  presiding  Lieutenant 
officer  of  the  State   Senate,  and   shall  discharge  such 
other  duties  as  may  be  prescribed  by  law.     He  shall 
receive  an  annual  salary  of  one  thousand  dollars,  which  salary, 
may  be  increased  by  the  Legislature,  but  shall  never 
exceed  three  thousand  dollars  per  annum. 

Sec.  17.  The  Secretary  of  State  shall  keep  a  record  retai^ofstate. 
of  the  official  acts  of  the  Legislature  and  executive  de- 
partment of  the  state,  and  shall,  when  required,  lay 
the  same  and  all  other  matters  relative  thereto  before 
either  branch  of  the  Legislature,  and  shall  perform 
such  other  duties  as  shall  be  assigned  him  by  law. 
He  shall  receive  an  annual  salary  of  twenty-five  hun-  salary 
dred  dollars,  which  may  be  increased  by  the  Legisla- 
ture, but  shall  never  exceed  three  thousand  dollars  per 
annum. 

Sec.  18.  There  shall  be  a  seal   of  the  state  kept  by  §£&£§? 
the  Secretary  of  State  for  official  purposes,  which  shall 
be  called  "The  Seal  of  the  State  of  Washington." 

Sec.  19.  The  treasurer  shall  perform  such  duties  as  ?reilurerState 
shall  be  prescribed  by  law.     He  shall  receive  an  annual 
salary  of  two  thousand  dollars,  which  may  be  increased  salary. 
by  the  Legislature,  but  shall  never  exceed  four  thousand 
dollars  per  annum. 

Sec.  20.  The  auditor  shall  be  auditor  of  public  ac-  stateAuditor. 
counts,  and  shall  have  such  powers  and  perform  such 
duties  in  connection  therewith  as  may  be  prescribed 
by  law.  He  shall  receive  an  annual  salary  of  two  salary, 
thousand  dollars,  which  may  be  increased  by  the  Legis- 
lature, but  shall  never  exceed  three  thousand  dollars 
per  annum. 

Sec.  21.    The  Attorney    General  shall  be  the  legal  Kney 
advisor  of  the  state  officers,  and   shall   perform   such 
other  duties  as  may  be  prescribed  by  law.     He  shall 
receive  an  annual  salary  of  two  thousand  dollars,  which  salary, 
may  be  increased  by  the   Legislature,  but  shall  never 
exceed  thirty-five  hundred  dollars  per  annum. 


152 


STATE  CONSTITUTION. 


Duties  of  Su- 
perintendent 
of  Public 
Instruction. 


Salary. 


Land  Com- 
missioner. 


Certain  officer- 
to  be  kept  at 
capital. 


Eligibility  to 
state  office. 


Certain  offices 
may  be 
abolished. 


Supreme 
Court. 


Inferior 
courts. 


Supreme  Court 
consists  of 
whom. 


Sec.  22.  The  Superintendent  of  Public  Instruction 
shall  have  supervision  over  all  matters  pertaining  to 
public  schools,  and  shall  perform  such  specific  duties 
as  may  be  prescribed  by  law.  He  shall  receive  an  an- 
nual salary  of  twenty-five  hundred  dollars,  which  may 
be  increased  by  law,  but  shall  never  exceed  four  thou- 
sand dollars  per  annum. 

Sec.  23.  The  Commissioner  of  Public  Lands  shall 
perform  such  duties  and  receive  such  compensation  as 
the  Legislature  may  direct. 

Sec.  24.  The  Governor,  Secretary  of  State,  Treasurer, 
Auditor,  Superintendent  of  Public  Instruction,  Com- 
missioner of  Public  Lands  and  Attorney  General  shall 
severally  keep  the  public  records,  books  and  papers  re- 
lating to  their  respective  offices,  at  the  seat  of  govern- 
ment, at  which  place  also  the  Governor,  Secretary  of 
State,  Treasurer  and  Auditor  shall  reside. 

Sec  25.  No  person,  except  a  citizen  of  the  United 
States  and  a  qualified  elector  of  this  state,  shall  be 
eligible  to  hold  any  state  office,  and  the  State  Treasurer 
shall  be  ineligible  for  the  term  succeeding  that  for 
which  he  was  elected.  The  compensation  of  state 
officers  shall  not  be  increased  or  diminished  during 
the  term  for  which  they  shall  have  been  elected.  The 
Legislature  may,  in  its  discretion,  abolish  the  offices  of 
Lieutenant  Governor,  Auditor  and  Commissioner  of 
Public  Lands. 

ARTICLE  IV.— THE  JUDICIARY. 

Section  1.  The  judicial  power  of  the  state  shall  be 
vested  in  a  Supreme  Court,  Superior  Courts,  justices  of 
the  peace,  and  such  inferior  courts  as  the  Legislature 
may  provide. 

Sec  2.  The  Supreme  Court  shall  consist  of  five 
judges,  a  majority  of  whom  shall  be  necessary  to  form 
a  quorum  and  pronounce  a  decision.  The  said  court 
shall  always  be  open  for  the  transaction  of  business 
except  on  non-judicial  days.  In  the  determination  of 
causes,  all  decisions  of  the  court  shall  be  given  in 
writing,  and  the  grounds  of  the  decision  shall  be  stated. 
The  Legislature  may  increase  the  number  of  judges  of 


STATE  CONSTITUTION.  153 

the  Supreme  Court  from  time  to  time,  and  may  pro- 
vide for  separate  departments  of  said  court. 

Sec.  3.  The  judges  of  the  Supreme  Court  shall  be  fuudpgreesm- 
elected  by  the  qualified  electors  of  the  state  at  large,  Elect101 
at  the  general  state  election,  at  the  times  and  places  at 
which  state  officers  are  elected,  unless  some  other  time 
be  provided  by  the  Legislature.  The  first  election  of 
judges  of  the  Supreme  Court  shall  be  at  the  election 
which  shall  be  held  upon  the  adoption  of  this  constitu- 
tion, and  the  judges  elected  thereat  shall  be  classified, 
by  lot,  so  that  two  shall  hold  their  office  for  the  term  of  ^office, 
three  years,  two  for  a  term  of  five  years,  and  one  for 
the  term  of  seven  years.  The  lot  shall  be  drawn  by 
the  judges,  who  shall  for  that  purpose  assemble  at  the 
seat  of  government,  and  they  shall  cause  the  result 
thereof  to  be  certified  to  the  Secretary  of  State,  and 
filed  in  his  office.  The  judge  having  the  shortest  term  chief  justice. 
to  serve,  not  holding  his  office  by  appointment  or 
election  to  fill  a  vacancy,  shall  be  the  chief  justice,  and 
shall  preside  at  all  sessions  of  the  Supreme  Court,  and 
in  case  there  shall  be  two  judges  having  in  like  man- 
ner the  same  short  term,  the  other  judges  of  the  Su- 
preme Court  shall  determine  which  of  them  shall  be 
chief  justice.  In  case  of  the  absence  of  the  chief  jus- 
tice, the  judge  having  in  like  manner  the  shortest  or 
next  shortest  term  to  serve  shall  preside.  After  the 
first  election  the  terms  of  judges  elected  shall  be  six 
years  from  and  after  the  second  Monday  in  January 
next  succeeding  their  election.     If  a  vacancy  occur  in  YacaS$:7\, 

=>  J  how  filled. 

the  office  of  a  judge  of  the  Supreme  Court,  the  Gover- 
nor shall  appoint  a  person  to  hold  the  office  until  the 
election  and  qualification  of  a  judge  to  fill  the  vacancy, 
which  election  shall  take  place  at  the  next  succeeding 
general  election,  and  the  judge  so  elected  shall  hold 
the  office  for  the  remainder  of  the  unexpired  term. 
The  term  of  office  of  the  judges  of  the  Supreme  Court, 
first  elected,  shall  commence  as  soon  as  the  state  shall 
have  been  admitted  into  the  Union,  and  continue  for 
the  term  herein  provided,  and  until  their  successors 
are  elected  and  qualified.     The  sessions  of  the  Supreme 


154 


Jurisdiction 
of  Supreme 
Court. 


Powers  of 
judges. 


Superior 
Courts. 


STATE  CONSTITUTION. 

Court  shall    be  held  at  the  seat  of  government  until 
otherwise  provided  by  law. 

Sec.  4.  The  Supreme  Court  shall  have  original  jur- 
isdiction in  habeas  corpus,  and  quo  warranto  and 
mandamus  as  to  all  state  officers,  and  appellate  juris- 
diction in  all  actions  and  proceedings,  excepting  that 
its  appellate  jurisdiction  shall  not  extend  to  civil  ac- 
tions at  law  for  the  recovery  of  money  or  personal 
property  when  the  original  amount  in  controversy,  or 
the  value  of  the  property,  does  not  exceed  the  sum  of 
two  hundred  dollars  ($200),  unless  the  action  involves 
the  legality  of  a  tax,  impost,  assessment,  toll,  municipal 
fine,  or  the  validity  of  a  statute.  The  Supreme  Court 
shall  also  have  power  to  issue  writs  of  mandamus,  re- 
view, prohibition,  habeas  corpus,  certiorari  and  all 
other  writs  necessary  and  proper  to  the  complete  exer- 
cise of  its  appellate  and  revisory  jurisdiction.  Each 
of  the  judges  shall  have  power  to  issue  writs  of  habeas 
corpus  to  any  part  of  the  state  upon  petition  by  or  on 
behalf  of  any  person  held  in  actual  custody,  and  may 
make  such  writs  returnable  before  himself,  or  before 
the  Supreme  Court,  or  before  any  Superior  Court  of 
the  state,  or  any  judge  thereof. 

Sec.  5.  There  shall  be  in  each  of  the  organized  coun- 
ties of  this  state  a  Superior  Court  for  which  at  least  one 
judge  shall  be  elected  by  the  qualified  electors  of  the 
county  at  the  general  state  election :  Provided,  That 
until  otherwise  directed  by  the  Legislature  one  judge 
only  shall  be  elected  for  the  counties  of  Spokane  and 
Stevens;  one  judge  for  the  county  of  Whitman  ;  one 
judge  for  the  counties  of  Lincoln,  Okanogan,  Douglas 
and  Adams;  one  judge  for  the  counties  of  Walla  Walla 
and  Franklin;  one  judge  for  the  counties  of  Columbia, 
Garfield  and  Asotin;  one  judge  for  the  counties  of 
Kittitas,  Yakima  and  Klickitat;  one  judge  for  the 
counties  of  Clarke,  Skamania,  Pacific,  Cowlitz  and 
Wahkiakum  ;  one  judge  for  the  counties  of  Thurston, 
Chehalis,  Mason  and  Lewis ;  one  judge  for  the  county 
of  Pierce ;  one  judge  for  the  county  of  King  ;  one  judge 
for  the  counties  of  Jefferson,  Island,  Kitsap,  San  Juan 


STATE   CONSTITUTION.  155 

and  Clallam;  and  one  judge  for  the  counties  of  What- 
com, Skagit  and   Snohomish.     In   any  county  where  Sessionsof 

°  j  j  court. 

there  shall  be  more  than  one  superior  judge,  there 
may  be  as  many  sessions  of  the  Superior  Court  at  the 
same  time  as  there  are  judges  thereof,  and  whenever 
the  Governor  shall  direct  a  superior  judge  to  hold  court 
in  any  county  other  than  that  for  which  he  has  been 
elected,  there  may  be  as  many  sessions  of  the  Superior 
Court  in  said  county  at  the  same  time  as  there  are 
judges  therein,  or  assigned  to  duty  therein  by  the 
Governor,  and  the  business  of  the  court  shall  be  so 
distributed  and  assigned  by  law,  or,  in  the  absence  of 
legislation  therefor,  by  such  rules  and  orders  of  court, 
as  shall  best  promote  and  secure  the  convenient  and 
expeditious  transaction  thereof.  The  judgments,  de- 
crees, orders  and  proceedings  of  any  session  of  the 
Superior  Court  held  by  any  one  or  more  of  the  judges 
of  such  court  shall  be  equally  effectual  as  if  all  the 
judges  of  said  court  presided  at  such  session.  The 
first  superior  judges  elected  under  this  constitution  0^^°^  e. 
shall  hold  their  offices  for  the  period  of  three  years,  rior  judges- 
and  until  their  successors  shall  be  elected  and  quali- 
fied, and  thereafter  the  term  of  office  of  all  superior 
judges  in  this  state  shall  be  for  four  years  from  the 
second  Monday  in  January  next  succeeding  their  elec- 
tion, and  until  their  successors  are  elected  and  qualified. 
The  first  election  of  judges  of  the  Superior  Court  shall 
be  at  the  election  held  for  the  adoption  of  this  consti- 
tution. If  a  vacancy  occurs  in  the  office  of  judge  of 
the  Superior  Court,  the  Governor  shall  appoint  a  per- 
son to  hold  the  office  until  the  election  and  qualifica- 
tion of  a  judge  to  fill  the  vacancy,  which  election  shall 
be  at  the  next  succeed  in  Li;  general  election,  and  the 
judge  so  elected  shall  hold  office  for  the  remainder  of 
the  unexpired  term. 

Sec.  C.  The  Superior  Court  shall  have  original  iuris-  Jurisdiction 

.  i  &  J  of  Superior 

diction  in  all  cases  in  equity,  and   in  all  cases   of  law  courts, 
which  involve  the  title  or  possession  of  real  property, 
or  the  legality  of  any  tax,  impost,  assessment,  toll  or 
municipal  fine,  and  in  all  other  cases  in  which  the  de- 


156 


STATE   CONSTITUTION. 


Powers  of 
judges  and 
courts. 


Judges  may 
hold  court  in 
any  county 
by  request. 


Pro  tempore 
judges. 


Leave  of 
absence 
of  judges. 


raand,  or  the  value  of  the  property  in  controversy 
amounts  to  one  hundred  dollars,  and  in  all  criminal 
cases  amounting  to  felony,  and  in  all  cases  of  misde- 
meanor not  otherwise  provided  for  by  law ;  of  actions 
of  forcible  entry  and  detainer ;  of  proceedings  in  insol- 
vency ;  of  actions  to  prevent  or  abate  a  nuisance ;  of  all 
matters  of  probate,  of  divorce,  and  for  annulment  of 
marriage ;  and  for  such  special  cases  and  proceedings 
as  are  not  otherwise  provided  for.  The  Superior  Court 
shall  also  have  original  jurisdiction  in  all  cases  and  of 
all  proceedings  in  which  jurisdiction  shall  not  have 
been  by  law  vested  exclusively  in  some  other  court; 
and  said  court  shall  have  the  power  of  naturaliaztion, 
and  to  issue  papers  therefor.  They  shall  have  such 
appellate  jurisdiction  in  cases  arising  in  justice's  and 
other  inferior  courts  in  their  respective  counties  as 
may  be  prescribed  by  law.  They  shall  be  always  open 
except  on  non-judicial  days,  and  their  process  shall  ex- 
tend to  all  parts  of  the  state.  Said  courts  and  their 
judges  shall  have  power  to  issue  writs  of  mandamus, 
quo  warranto,  review,  certiorari,  prohibition  and  writs 
of  habeas  corpus,  on  petition  by  or  on  behalf  of  any 
person  in  actual  custody  in  their  respective  counties. 
Injunctions  and  writs  of  prohibition  and  of  habeas 
corpus  may  be  issued  and  served  on  legal  holidays  and 
non-judicial  days. 

Sec.  7.  The  judge  of  any  Superior  Court  may  hold  a 
Superior  Court  in  any  county  at  the  request  of  the 
judge  of  the  Superior  Court  thereof,  and  upon  the  re- 
quest of  the  Governor  it  shall  be  his  duty  to  do  so.  A 
case  in  the  Superior  Court  may  be  tried  by  a  judge 
pro  tempore,  who  must  be  a  member  of  the  bar,  agreed 
upon  in  writing  by  the  parties  litigant,  or  their  attor- 
neys of  record,  approved  by  the  court,  and  sworn  to 
try  the  case. 

Sec.  8.  Any  judicial  officer  who  shall  absent  himself 
from  the  state  for  more  than  sixty  consecutive  days 
shall  be  deemed  to  have  forfeited  his  office:  Provided, 
That  in  cases  of  extreme  necessity  the  Governor  may 


STATE   CONSTITUTION.  157 

extend  the  leave  of  absence  such  time  as  the  necessity 
therefor  shall  exist. 

Sec.  9.  Any  judge  of  any  court   of   record,  the  At-  ^S^iofflcer 
torney  General,  or  any  prosecuting  attorney  may  be  t)yLeglslature- 
removed  from  office  by  joint  resolution  of  the  Legis- 
lature, in  which  three-fourths  of  the  members  elected 
to  each  house  shall  concur,  for  incompetency,  corrup- 
tion,  malfeasance,  or   delinquency   in  office,  or   other 
sufficient    cause    stated    in    such    resolution.     But    no 
removal  shall  be  made  unless  the  officer  complained  of  Proceedings, 
shall    have   been  served  with  a  copy  of    the   charges 
against  him  as  the  ground  of  removal,  and  shall  have 
an  opportunity  of  being  heard  in  his  defense.     Such 
resolution  shall  be  entered  at  length  on  the  journal  of 
both  houses,  and  on  the  question  of  removal  the  ayes 
and  nays  shall  also  be  entered  on  the  journal. 

Sec.  10.  The  Legislature  shall  determine  the  number  Justices  of 

°  the  peace. 

of  justices  of  the  peace  to  be  elected  in  incorporated 
cities  or  towns  and  in  precincts,  and  shall  prescribe  by 
law  the  powers,  duties  and  jurisdiction  of  justices  of 
the  peace:  Provided,  That  such  jurisdiction  granted  by 
the  Legislature  shall  not  trench  upon  the  jurisdiction 
of  superior  or  other  courts  of  record,  except  that  justices 
of  the  peace  may  be  made  police  justices  of  incorporated 
cities  and  towns.  In  incorporated  cities  or  towns  hav- 
ing more  than  five  thousand  inhabitants  the  justices  of 
the  peace  shall  receive  such  salary  as  may  be  provided 
by  law,  and  shall  receive  no  fees  for  their  own  use. 

Sec.  11.  The  Supreme  Court  and  the  superior  courts  ^oni."1 
shall  be  courts  of  record,  and  the  Legislature  shall  have 
power  to  provide  that  any  of  the  courts  of  this  state,  ex- 
cepting justices  of  the  peace,  shall  be  courts  of  record. 

Sec.  12.  The  Legislature  shall  prescribe  bv  law  the  inferior 

°  i.  o  courts,  juris- 

jurisdiction  and  powers  of  any  of  the  inferior  courts  dictionof- 
which  may  be  established  in  pursuance  of  this  consti- 
tution. 

Sec.  13.  No    judicial    officer,  except  court  commis-  of0iulikiai';'>u 
sioners  and  unsalaried  justices  of  the  peace,  shall  re-  offlC01's 
ceive  to  his  own   use  any  fees  or  perquisites  of  office. 
The  judges  of  the  Supreme  Court  and  judges  of  the 


15S  STATE   CONSTITUTION. 

Superior  Courts  shall  severally,  at  stated  times,  during 
their  continuance  in  office,  receive  for  their  services 
the  salaries  prescribed  by  law  therefor,  which  shall 
not  be  increased  after  their  election,  nor  during  the 
term  for  which  they  shall  have  been  elected.  The 
salaries  of  the  judges  of  the  Supreme  Court  shall  be 
paid  by  the  state.  One-half  of  the  salary  of  each  of 
Salary  of  su-    the  Superior  Court  iudges  shall  be  paid  by  the  state, 

penor  judge,  r  jo  r  j 

how  paid.  and- the  other  one-half  by  the  county  or  counties  for 
which  he  is  elected.  In  cases  where  a  judge  is  pro- 
vided for  more  than  one  county,  that  portion  of  his 
salary  which  is  to  be  paid  by  the  counties  shall  be  ap- 
portioned between  or  among  them  according  to  the 
assessed  value  of  their  taxable  property,  to  be  deter- 
mined by  the  assessment  next  preceding  the  time  for 
which  such  salary  is  to  be  paid. 

fUdfes?amount      Sec-  14.  Each  of  the  judges  of  the  Supreme  Court 

per  annum.  snan  receive  an  annual  salary  of  four  thousand  dollars 
($4,000);  each  of  the  Superior  Court  judges  shall  re- 
ceive an  annual  salary  of  three  thousand  dollars 
($3,000),  which  said  salary  shall  be  payable  quarterly. 
The  Legislature  may  increase  the  salaries  of  the  judges 
herein  provided. 

judges ineii-         gEC    15    T/he  judges  of  the  Supreme  Court  and  the 

gible  to  any  Jo  r 

other  office,  judges  of  the  Superior  Court  shall  be  ineligible  to  any 
other  office  or  public  employment  than  a  judicial  office 
or  employment  during  the  term  for  which  they  shall 
have  been  elected. 

charge  to  jury.  Sec.  16.  Judges  shall  not  charge  juries  with  respect 
to  matters  of  fact,  nor  comment  thereon,  but  shall  de- 
clare the  law. 

EHg^bmty  to  gEC_  17  n0  person  shall  be  eligible  to  the  office  of 
judge  of  the  Supreme  Court  or  judge  of  a  Superior 
Court  unless  he  shall  have  been  admitted  to  practice 
in  the  courts  of  record  of  this  State  or  Territory  of 
Washington. 

Reporter  tor         gEC-  ]g.  The  judges  of  the  Supreme  Court  shall  ap- 

Supreme  jo  1  j- 

uourt.  point  a  reporter  for  the  decisions  of  that  court,  who 

shall  be  removable  at  their  pleasure.     He  shall  receive 
such  annual  salary  as  shall  be  prescribed  by  law. 


STATE   CONSTITUTION.  I59 

Sec.  19.  No  judge  of  a  court  of  record  shall  practice  not^racSce 
law  in  any  court  of  this  state  during  his  continuance  law- 
in  office. 

Sec.  20.  Every  cause  submitted  to  a  judge  of  a2sty9f 
Superior  Court  for  his  decision  shall  be  decided  by  him  nmUoTtiml6' 
within  ninety  days  from  the  submission  thereof :  Pro- 
vided, That  if,  within  said  period  of  ninety  days  a  re- 
hearing shall  have  been  ordered,  then  the  period 
within  which  he  is  to  decide  shall  commence  at  the 
time  the  cause  is  submitted  upon  such  a  rehearing. 

Sec.  21.  The  Legislature  shall  provide  for  the  speedv  Pu.bl.icatI°nof 

r  r  J    opinions  of  Su- 

publications  of  opinions  of  the  Supreme  Court,  and  all  PremeCourt- 
opinions  shall  be  free  for  publication  by  any  person. 

Sec.  22.  The  judges  of  the  Supreme  Court  shall  ap-  JXec<Krt. 
point  a  clerk  of  that  court,  who  shall  be  removable  at 
their  pleasure,  but  the  Legislature  may  provide  for  the 
election  of  the  clerk  of  the  Supreme  Court  and  pre- 
scribe the  term  of  his  office.  The  clerk  of  the  Supreme  salary  of. 
Court  shall  receive  such  compensation,  by  salary  only, 
as  shall  be  provided  by  law. 

Sec.  23.  There  may  be  appointed  in  each  county,  by  SssioneS" 
the  judge  of  the  superior  court  having  jurisdiction  powersof- 
therein,  one  or  more  court  commissioners,  not  exceed- 
ing three  in  number,  who  shall  have  authority  to  per- 
form like  duties  as  a  judge  of  the  superior  court  at 
chambers,  subject  to  revision  by  such  judge,  to  take 
depositions  and  to  perform  such  other  business  con- 
nected with  the  administration  of  justice  as  may  be 
prescribed  by  law. 

Sec.  24.  The  judges  of  the  superior  courts  shall  from  Rules  of 

.  r  courts. 

time  to  time,  establish  uniform   rules   for  the  govern- 
ment of  the  superior  courts. 

Sec.  25.  Superior  judges  shall,  on  or  before  the  first  ^S°ore. 
day  of  November  in  each  year,  report  in  writing  to  the  p?eme° judges, 
judges  of  the  Supreme  Court  such  defects  and  omissions 
in  the  laws  as  their  experience  may  suggest,  and  the 
judges  of  the  Supreme  Court  shall,  on  or  before  the 
first  day  of  January  in  each  year,  report  in  writing  to 
the  Governor  such  defects  and  omissions  in  the  laws 
as  they  may  believe  to  exist. 


160  STATE   CONSTITUTION. 

rio?coJr!upe"  Sec-  26-  Tlie  county  clerk  shall  be  by  virtue  of  his 
office,  clerk  of  the  Superior  Court. 

processes.  Sec-  27-  The  style  of  all  process  shall  be,  "The  State 

of  Washington,"  and  all  prosecutions  shall  be  con- 
ducted in  its  name  and  by  its  authority. 

onulg°eLoffice  Sec.  28.  Every  judge  of  the  Supreme  Court  and 
every  judge  of  a  Superior  Court  shall,  before  entering 
upon  the  duties  of  his  office,  take  and  subscribe  an  oath 
that  he  will  support  the  constitution  of  the  United 
States  and  the  constitution  of  the  State  of  Washington, 
and  will  faithfully  and  impartially  discharge  the  duties 
of  judge  to  the  best  of  his  ability,  which  oath  shall  be 
filed  in  the  office  of  the  Secretary  of  State. 

ARTICLE    V. —  IMPEACHMENT. 

tapelchm!ntn      Sec-  1-  Tlie  House  of  Representatives  shall  have  the 
cases.  goje  p0wer   0f   impeachment.     The   concurrence   of  a 

majority  of  all  the  members  shall  be  necessary  to  an 
impeachment.  All  impeachments  shall  be  tried  by  the 
Senate,  and  when  sitting  for  that  purpose  the  senators 
shall  be  upon  oath  or  affirmation  to  do  justice  accord- 
ing to  law  and  evidence.  When  the  Governor  or 
Lieutenant  Governor  is  on  trial,  the  chief  justice  of  the 
Supreme  Court  shall  preside.  No  person  shall  be  con- 
victed without  a  concurrence  of  two-thirds  of  the  sen- 
ators elected, 
impeachment       Sec.  2.  The  Governor  and  other  state  and  judicial 

for  what  J 

offenses.  officers,  except  judges  and  justices  of  courts  not  of  rec- 

ord, shall  be  liable  to  impeachment  for  high  crimes  or 
misdemeanors,  or  malfeasance  in  office,  but  judgment 
in  such  cases  shall  extend  only  to  removal  from  office 
and  disqualification  to  hold  any  office  of  honor,  trust  or 
profit,  in  the  state.  The  party,  whether  convicted  or 
acquitted,  shall,  nevertheless,  be  liable  to  prosecution, 
trial,  judgment  and  punishment  according  to  law. 

from°omce  ^ec.  3.  All  officers  not  liable  to  impeachment  shall 

be  subject  to  removal  for  misconduct  or  malfeasance  in 
office,  in  such  manner  as  may  be  provided  by  law. 


STATE  CONSTITUTION.  161 

ARTICLE   VI.  —  ELECTIONS   AND   ELECTIVE   RIGHTS. 

Section  1.  All  male  persons  of  the  age  of  twenty-  ofUeiectors.ons 
one  years  or  over,  possessing  the  following  qualifica- 
tions, shall  be  entitled  to  vote  at  all  elections:  They 
shall  be  citizens  of  the  United  States ;  they  shall  have 
lived  in  the  state  one  year,  and  in  the  county  ninety 
days,  and  in  the  city,  town,  ward  or  precinct  thirty 
days  immediately  preceding  the  election  at  which  they 
offer  to  vote  :  Provided,  That  Indians  not  taxed  shall 
never  be  allowed  the  elective  franchise :  Provided 
further,  That  all  male  persons  who  at  the  time  of  the 
adoption  of  this  constitution  are  qualified  electors  of 
the  territory  shall  be  electors. 

Sec  2.  The  Legislature  may  provide  that  there  shall  In  school 

°  ^    x  elections. 

be  no  denial  of  the  elective  franchise  at  any  school  elec- 
tion on  account  of  sex. 

Sec  3.  All  idiots,  insane  persons,  and  persons  con-^*^not 
victed  of  infamous  crime,  unless  restored  to  their  civil  electors- 
rights,  are  excluded  from  the  elective  franchise. 

Sec  4.  For  the  purpose  of  voting  and  eligibilitv  to  Residence  not 

r       r  °  °  gamed  or  lost 

office  no  person  shall  be  deemed  to  have  gained  a  resi-  sJr^c^etc 
dence  by  reason  of  his  presence,  or  lost  it  by  reason  of 
his  absence,  while  in  the  civil  or  military  service  of  the 
state  or  of  the  United  States,  nor  while  a  student  at  any 
institution  of  learning,  nor  while  kept  at  public  expense 
at  any  poor  house  or  other  asylum,  nor  while  confined 
in  public  prison,  nor  while  engaged  in  the  navigation 
of  the  waters  of  this  state  or  of  the  United  States,  or 
of  the  high  seas. 

Sec  5.  Voters  shall  in  all  cases  except  treason,  fel-  immunity 

r  from  arrest  on 

ony  and  breach  of  the  peace,  be  privileged  from  arrest  election  days. 
during  their  attendance  at  elections  and  in  going  to 
and  returning  therefrom.     No  elector  shall  be  required 
to  do  military  duty  on  the  day  of  any  election  except 
in  time  of  war  or  public  danger. 

Sec  6.  All  elections  shall  be  by  ballot.     The  Legisla-  ^Jf^0115  by 
ture  shall  provide  for  such  method  of  voting  as  will 
secure  to  every  elector  absolute  secrecy  in  preparing 
and  depositing  his  ballot. 
—11 


162 


STATE   CONSTITUTION. 


Registration 
laws. 


First  election 
of  officers; 
subsequent 
elections. 


All  property 
taxed  accord- 
ing to  value ; 
annual  levies. 


Uniform  and 
equal  rates 
of  taxation. 


Sec.  7.  The  Legislature  shall  enact  a  registration 
law,  and  shall  require  a  compliance  with  such  law  be- 
fore  any  elector  shall  be  allowed  to  vote :  Provided, 
That  this  provision  is  not  compulsory  upon  the  Legis- 
lature, except  as  to  cities  and  towns  having  a  popula- 
tion of  over  five  hundred  inhabitants.  In  all  other  cases 
the  Legislature  may  or  may  not  require  registration  as 
a  pre-requisite  to  the  right  to  vote,  and  the  same  sys- 
tem of  registration  need  not  be  adopted  for  both  classes. 

Sec.  8.  The  first  election  of  county  and  district  of- 
ficers, not  otherwise  provided  for  in  this  constitution, 
shall  be  on  the  Tuesday  next  after  the  first  Monday  in 
November,  1890,  and  thereafter  all  elections  for  such 
officers  shall  be  held  biennially  on  the  Tuesday  next 
succeeding  the  first  Monday  in  November.  The  first 
election  of  all  state  officers  not  otherwise  provided  for 
in  this  constitution,  after  the  election  held  for  the 
adoption  of  this  constitution,  shall  be  on  the  Tuesday 
next  after  the  first  Monday  in  November,  1892,  and  the 
elections  for  such  state  officers  shall  be  every  fourth 
year  thereafter  on  the  Tuesday  succeeding  the  first 
Monday  in  November. 

ARTICLE  VII. — REVENUE   AND    TAXATION. 

Section  1.  All  property  in  the  state,  not  exempt 
under  the  laws  of  the  United  States,  or  under  this  con- 
stitution, shall  be  taxed  in  proportion  to  its  value,  to 
be  ascertained  as  provided  by  law.  The  Legislature 
shall  provide  by  law  for  an  annual  tax  sufficient,  with 
other  sources  of  revenue,  to  defray  the  estimated  ordi- 
nary expenses  of  the  state  for  each  fiscal  year.  And 
for  the  purpose  of  paying  the  state  debt,  if  there  be 
any,  the  Legislature  shall  provide  for  levying  a  tax 
annually,  sufficient  to  pay  the  annual  interest  and 
principal  of  such  debt  within  twenty  years  from  the 
final  passage  of  the  law  creating  the  debt. 

Sec.  2.  The  Legislature  shall  provide  by  law  a  uni- 
form and  equal  rate  of  assessment  and  taxation  on  all 
property  in  the  state,  according  to  its  value  in  money, 
and  shall  prescribe  such  regulations  by  general  law  as 
shall  secure  a  just  valuation  for  taxation  of  all  prop- 


STATE   CONSTITUTION.  163 

erty,  so  that  every  person  and  corporation  shall  pay  a 
tax  in  proportion  to  the  value  of  his,  her  or  its  prop- 
erty: Provided,  That  a  deduction  of  debts  from  credits 
may  be  authorized :  Provided  further,  That  the  prop-  Exemptions. 
erty  of  the  United  States,  and  of  the  state,  counties, 
school  districts  and  other  municipal  corporations,  and 
such  other  property  as  the  Legislature  may  by  general 
laws  provide,  shall  be  exempt  from  taxation. 

Sec.  3.  The  Legislature  shall  provide  bv  general  law  Assessment  of 

"  x  -    °  corporation 

for  the  assessing  and  levying  of  taxes  on  all  corpora-  property. 
tion  property  as  near  as  may  be  by  the  same  methods 
as  are  provided  for  the  assessing  and  levying  of  taxes 
on  individual  property. 

Sec.  4.  The  power  to  tax  corporations  and  corporate  Same. 
property  shall  not  be  surrendered  or  suspended  by  any 
contract  or  grant  to  which  the  state  shall  be  a  party. 

Sec.  5.  No  tax  shall  be  levied  except  in  pursuance  i^u^ance1 
of  law;  and  every  law  imposing  a  tax  shall  state  dis-oflaw- 
tinctly  the  object  of  the  same,  to  which  only  it  shall  be 
applied. 

Sec.  6.  All  taxes  levied  and  collected  for  state  pur-  AU  taxes Paid 

r  in  money. 

poses  shall  be  paid  in  money  only  into  the  state  treasury. 

Sec.  7.  An  accurate  statement  of    the  receipts   and  statement  of 

r  receipts  ana 

expenditures  of  the  public   moneys  shall  be  published  expenditures. 
annually,   in    such    manner    as    the    Legislature    may 
provide. 

Sec.  8.  Whenever  the   expenses   of    any  fiscal  year  Deficiencies 

■t  J  J  in  revenue 

shall  exceed  the  income,  the  Legislature  may  provide  provided  for- 

for  levying  a  tax  for  the  ensuing  fiscal  year,  sufficient, 

with  other  sources  of  income,  to  pay  the  deficiency,  as 

well  as  the  estimated    expenses  of  the  ensuing  fiscal 

year. 

Sec.  9.  The  Legislature  may  vest  the  corporate  au-  ^§htoSw£stoes 
thorities  of  cities,  towns  and  villages  with  the  power  tlxes!56018,1 
to  make  local  improvements  by  special  assessment, 
or  by  special  taxation  of  property  benefited.  For  all 
corporate  purposes,  all  municipal  corporations  may 
be  vested  with  authority  to  assess  and  collect  taxes, 
and  such  taxes  shall  be  uniform  in  respect  to  persons 


164 


STATE   CONSTITUTION. 


State  indebt- 
edness limited 


Exceptions  to 
limitation. 


Special  pro- 
vision for 
incurring 
indebtedness. 


Appropri- 
ations. 


and  property  within  the  jurisdiction  of  the  body  levy- 
ing the  same. 

ARTICLE  VIII. — STATE,  COUNTY  AND   MUNICIPAL   INDEBTEDNESS. 

Section  1.  The  state  may,  to  meet  casual  deficits  or 
failures  in  revenues,  or  for  expenses  not  provided  for, 
contract  debts,  but  such  debts,  direct  and  contingent, 
singly  or  in  the  aggregate,  shall  not  at  any  time  exceed 
four  hundred  thousand  dollars  ($400,000),  and  the 
moneys  arising  from  the  loans  creating  such  debts 
shall  be  applied  to  the  purpose  for  which  they  were 
obtained,  or  to  repay  the  debts  so  contracted,  and  to 
no  other  purpose  whatever. 

Sec.  2.  In  addition  to  the  above  limited  power  to 
contract  debts,  the  state  may  contract  debts  to  repel 
invasion,  suppress  insurrection,  or  to  defend  the  state 
in  war,  but  the  money  arising  from  the  contracting  of 
such  debts  shall  be  applied  to  the  purpose  for  which  it 
was  raised  and  no  other  purpose  whatever. 

Sec  3.  Except  the  debts  specified  in  sections  one 
and  two  of  this  article,  no  debt  shall  hereafter  be  con- 
tracted by,  or  on  behalf  of  this  state,  unless  such  debt 
shall  be  authorized  by  law  for  some  single  work  or  ob- 
ject to  be  distinctly  specified  therein,  which  law  shall 
provide  ways  and  means,  exclusive  of  loans,  for  the 
payment  of  the  interest  on  such  debt  as  it  falls  due, 
and  also  to  pay  and  discharge  the  principal  of  such 
debt  within  twenty  years  from  the  time  of  the  con- 
tracting thereof.  No  such  law  shall  take  effect  until 
it  shall,  at  a  general  election,  have  been  submitted  to 
the  people  and  have  received  a  majority  of  all  the  votes 
cast  for  and  against  it  at  such  election,  and  all  moneys 
raised  by  authority  of  such  law  shall  be  applied  only 
to  the  specific  object  therein  stated,  or  to  the  payment 
of  the  debt  thereby  created,  and  such  law  shall  be 
published  in  at  least  one  newspaper  in  each  county,  if 
one  be  published  therein,  throughout  the  state,  for 
three  months  next  preceding  the  election  at  which  it 
is  submitted  to  the  people. 

Sec  4.  No  money  shall  ever  be  paid  out  of  the 
treasury  of  this  state,  or  any  of  its  funds,  or  any  of  the 


counties,  cities 
and  schoc 
districts. 


STATE   CONSTITUTION.  165 

funds  under  its  management,  except  in  pursuance  of 
an  appropriation  by  law;  nor  unless  such  payment  be 
made  within  two  years  from  the  first  day  of  May  next 
after  the  passage  of  such  appropriation  act,  and  every 
such  law  making  a  new  appropriation,  or  continuing 
or  reviving  an  appropriation,  shall  distinctly  specify 
the  sum  appropriated,  and  the  object  to  which  it  is  to 
be  applied,  and  it  shall  not  be  sufficient  for  such  law 
to  refer  to  any  other  law  to  fix  such  sum. 

Sec.  5.  The  credit  of  the  state  shall  not,  in  any  credit  of  state 
manner,  be  given  or  loaned  to,  or  in  aid  of,  any  indi-  ^0r|oritions°f 
vidual,  association,  company  or  corporation. 

Sec.  6.  No  county,  city,  town,  school  district  or  other  debtednes°"of 
municipal  corporation  shall  for  any  purpose  become  and^chooi 
indebted  in  any  manner  to  an  amount  exceeding  one 
and  one-half  percentum  of  the  taxable  property  in  such 
county,  city,  town,  school  district  or  other  municipal 
corporation,  without  the  assent  of  three-fifths  of  the 
voters  therein  voting  at  an  election  to  be  held  for  that 
purpose,  nor  in  cases  requiring  such  assent  shall  the 
total  indebtedness  at  any  time  exceed  five  per  centum 
on  the  value  of  the  taxable  property  therein,  to  be  as- 
certained by  the  last  assessment  for  state  and  county 
purposes  previous  to  the  incurring  of  such  indebted- 
ness, except  that  in  incorporated  cities  the  assessment 
shall  be  taken  from  the  last  assessment  for  city  pur- 
poses :  Provided,  That  no  part  of  the  indebtedness 
allowed  in  this  section  shall  be  incurred  for  any  pur- 
pose other  than  strictly  county,  city,  town,  school 
district  or  other  municipal  purposes :  Provided  further, 
That  any  city  or  town  with  such  assent  may  be  allowed 
to  become  indebted  to  a  larger  amount,  but  not  exceed- 
ing five  per  centum  additional,  for  supplying  such  city 
or  town  with  water,  artificial  light  and  sewers,  when 
the  works  for  supplying  such  water,  light  and  sewers 
shall  be  owned  and  controlled  by  the  municipality. 

Sec.  7.    No  county,  city,  town  or  other    municipal  ca^SeaHttes 
corporation  shall  hereafter  give  any  money  or  property,  corporations. 
or  loan  its  money  or  credit,  to  or  in  aid   of  any  indi-  etCl 
vidual,  association,  company  or  corporation,  except  for 


166 


STATE   CONSTITUTION. 


Education  of 
children. 


Uniform  sys- 
tem of  public 
shools;  in- 
cludes what; 
support  of. 


Common 
school  fund: 
derived  from 
what  sources. 


the  necessary  support  of  the  poor  and  infirm,  or  become 
directly  or  indirectly  the  owner  of  any  stock  in  or 
bonds  of  any  association,  company  or  corporation. 

ARTICLE   IX. — EDUCATION. 

Section  1.  It  is  the  paramount  duty  of  the  state  to 
make  ample  provision  for  the  education  of  all  children 
residing  within  its  borders,  without  distinction  or  pref- 
erence on  account  of  race,  color,  caste  or  sex. 

Sec.  2.  The  Legislature  shall  provide  for  a  general 
and  uniform  system  of  public  schools.  The  public 
school  system  shall  include  common  schools,  and  such 
high  schools,  normal  schools  and  technical  schools  as 
may  hereafter  be  established.  But  the  entire  revenue 
derived  from  the  common  school  fund,  and  the  state 
tax  for  common  schools,  shall  be  exclusively  applied 
to  the  support  of  the  common  schools. 

Sec.  3.  The  principal  of  the  common  school  fund 
shall  remain  permanent  and  irreducible.  The  said 
fund  shall  be  derived  from  the  following  named  sources, 
to-wit :  Appropriations  and  donations  by  the  state  to 
this  fund ;  donations  and  bequests  by  individuals  to 
the  state  or  public  for  common  schools;  the  proceeds 
of  lands  and  other  property  which  revert  to  the  state 
by  escheat  and  forfeiture ;  the  proceeds  of  all  property 
granted  to  the  state,  when  the  purpose  of  the  grant  is 
not  specified,  or  is  uncertain ;  funds  accumulated  in 
the  treasury  of  the  state  for  the  disbursement  of  which 
provision  has  not  been  made  by  law ;  the  proceeds  of 
the  sale  of  timber,  stone,  minerals  and  other  property 
from  school  and  state  lands,  other  than  those  granted 
for  specific  purposes ;  all  moneys  received  from  per- 
sons appropriating  timber,  stone,  minerals  or  other 
property  from  school  and  state  lands  other  than  those 
granted  for  specific  purposes,  and  all  moneys  other  than 
rental  recovered  from  persons  trespassing  on  said  lands; 
five  per  centum  of  the  proceeds  of  the  sale  of  public 
lands  lying  within  the  state,  which  shall  be  sold  by  the 
United  States  subsequent  to  the  admission  of  the  state 
into  the  Union  as  approved  by  section  13  of  the  act  of 
Congress  enabling  the  admission  of  the  state  into  the 


STATE   CONSTITUTION.  167 

Union ;    the  principal  of    all  funds   arising   from  the 
sale  of  lands  and  other  property  which  have  been,  and 
hereafter  may  be,  granted  to  the  state  for  the  support 
of  common  schools.    The  Legislature  may  make  further  ^ly  provide 
provisions  for  enlarging  said  fund .     The  interest  accru- for  increase- 
ing  on  said  fund,  together  with  all  rentals  and  other  % 

revenues  derived  therefrom,  and  from  lands  and  other 
property  devoted  to  the  common  school  fund,  shall  be 
exclusively  applied  to  the  current  use  of  the  common 
schools. 

Sec.  4.  All  schools  maintained  or  supported  wholly  feCotorian.ori" 
or  in  part  by  the  public  funds  shall  be  forever  free 
from  sectarian  control  or  influence. 

Sec.  5.  All  losses  to  the  permanent  common  school  manent'sc^ooi 
or  any  other  state  educational  fund,  which  shall  be  due^t  SnTtate* 
occasioned  by  defalcation,  mismanagement  or  fraud  of 
the  agents  or  officers  controlling  or  managing  the 
same,  shall  be  audited  by  the  proper  authorities  of  the 
state.  The  amount  so  audited  shall  be  a  permanent 
funded  debt  against  the  state  in  favor  of  the  particular 
fund  sustaining  such  loss,  upon  which  not  less  than  6 
per  cent,  annual  interest  shall  be  paid.  The  amount 
of  liability  so  created  shall  not  be  counted  as  a  part  of 
the  indebtedness  authorized  and  limited  elsewhere  in 
this  constitution. 

ARTICLE  X.— MILITIA. 

Section  1.  All  able-bodied  male  citizens  of  this  state,  JSS*JJduty 
between  the  ages  of  eighteen  (18)  and  forty-five  (45)  liable  t0- 
years,  except  such  as  are  exempt  by  laws  of  the  United 
States  or  by  the  laws  of  this  state,  shall  be  liable  to 
military  duty. 

Sec.  2.  The  Legislature  shall  provide  by  law  for  °SJ[fu,ion 
organizing  and  disciplining  the  militia  in  such  man- 
ner as  it  may  deem  expedient,  not  incompatible  with 
the  constitution  and  laws  of  the  United  States.  Offi- 
cers of  the  militia  shall  be  elected  or  appointed  in  such 
manner  as  the  Legislature  shall  from  time  to  time 
direct,  and  shall  be  commissioned  by  the  Governor. 
The  Governor  shall  have  power  to  call  forth  the  militia 


168 


STATE   CONSTITUTION. 


Soldiers' 
Home. 


Arms. 


Immunity 
from  arrest. 


Exemption 
from  military 
duty. 


County 

organization 

recognized. 


Removal  of 
county  seats. 


Organization 
of  new 
counties. 


Change  of 
boundaries. 


to  execute  the  laws  of  the  state,  to  suppress  insurrec- 
tions and  repel  invasions. 

Sec.  3.  The  Legislature  shall  provide  by  law  for  the 
maintenance  of  a  Soldiers'  Home  for  honorably  dis- 
charged Union  soldiers,  sailors,  marines  and  members 
of  the  state  militia  disabled  while  in  the  line  of  duty, 
and  who  are  bona  fide  citizens  of  the  state. 

Sec.  4.  The  Legislature  shall  provide  by  law  for  the 
protection  and  safe  keeping  of  the  public  arms. 

Sec  5.  The  militia  shall,  in  all  cases,  except  treason, 
felony  and  breach,  of  the  peace,  be  privileged  from  ar- 
rest during  the  attendance  at  musters  and  elections  of 
officers,  and  in  going  to  and  returning  from  the  same. 

Sec  6.  No  person  or  persons,  having  conscientious 
scruples  against  bearing  arms,  shall  be  compelled  to 
do  militia  duty  in  time  of  peace:  Provided,  Such  per- 
son or  persons  shall  pay  an  equivalent  for  such  exemp- 
tion. 

ARTICLE   XI.— COUNTY,   CITY   AND  TOWNSHIP   ORGANIZATION. 

Section  1.  The  several  counties  of  the  Territory  of 
Washington  existing  at  the  time  of  the  adoption  of 
this  constitution  are  hereby  recognized  as  legal  sub- 
divisions of  this  state. 

Sec  2.  No  county  seat  shall  be  removed  unless  three- 
fifths  of  the  qualified  electors  of  the  county,  voting  on 
the  proposition  at  a  general  election,  shall  vote  in 
favor  of  such  removal,  and  three-fifths  of  all  votes  cast 
on  the  proposition  shall  be  required  to  relocate  a  county 
seat.  A  proposition  of  removal  shall  not  be  submitted 
in  the  same  county  more  than  once  in  four  years. 

Sec  3.  No  new  county  shall  be  established  which 
shall  reduce  any  county  to  a  population  of  less  than 
four  thousand  (4.000),  nor  shall  a  new  county  be  formed 
containing  a  less  population  than  two  thousand  (2,000). 
There  shall  be  no  territory  stricken  from  any  county 
unless  a  majority  of  the  voters  living  in  such  territory 
shall  petition  therefor,  and  then  only  under  such  other 
conditions  as  may  be  prescribed  by  a  general  law  ap- 
plicable to  the  whole  state.  Every  county  which  shall 
be  enlarged  or  created  from  territory  taken  from  any 


STATE   CONSTITUTION.  169 

other  county  or  counties  shall  be  liable  for  a  just  pro- 
portion of  the  existing  debts  and  liabilities  of  the 
county  or  counties  from  which  such  territory  shall  be 
taken:  Provided,  That  in  such  accounting  neither  county 
shall  be  charged  with  any  debt  or  liability  then  existing, 
incurred  in  the  purchase  of  any  county  property  or  in 
the  purchase  or  construction  of  any  county  buildings 
then  in  use  or  under  construction,  which  shall  fall 
within  and  be  retained  by  the  county:  Provided  further, 
That  this  shall  not  be  construed  to  affect  the  rights  of 
creditors. 

Sec.  4.  The  Legislature  shall  establish  a  system  of  f0y^™ of 
county  government  which  shall  be  uniform  throughout  g°vernment- 
the  state,  and  by  general  laws  shall  provide  for  town- 
ship organization,  under  which  any  county  may  or- 
ganize whenever  a  majority  of  the  qualified  electors  of 
such  county  voting  at  a  general  election  shall  so  de- 
termine, and  whenever  a  county  shall  adopt  township 
organization,  the  assessment  and  collection  of  revenue 
shall  be  made,  and  the  business  of  such  county,  and 
the  local  affairs  of  the  several  townships  therein,  shall 
be  managed  and  transacted  in  the  manner  prescribed 
by  such  general  law. 

Sec.  5.  The  Legislature,  by  general  and  uniform  laws,  q^H  com. 
shall  provide  for  the  election  in  the  several  counties  of  Pensatlon  of 
boards  of  county  commissioners,  sheriffs,  county  clerks, 
treasurers,  prosecuting  attorneys,  and  other  county, 
township  or  precinct  and  district  officers,  as  public  con- 
venience may  require,  and  shall  prescribe  their  duties 
and  fix  their  terms  of  office.  It  shall  regulate  the  com- 
pensation of  all  such  officers,  in  proportion  to  their 
duties,  and  for  that  purpose  may  classify  the  counties 
by  population.  And  it  shall  provide  for  the  strict  ac- 
countability of  such  officers  for  all  fees  which  may  be 
collected  by  them,  and  for  all  public  moneys  which  may 
be  paid  to  them,  or  officially  come  into  their  posses- 
sion. 

Sec.  6.  The  board  of  county  commissioners  in  each  vacancies. 
county  shall  fill  all  vacancies  occurring  in  any  county, 
township,  precinct  or  road  district  office  of  such  county 


170  STATE  CONSTITUTION. 

by  appointment,  and  officers  thus  appointed  shall  hold 
office  till  the  next  general  election,  and  until  their  suc- 
cessors are  elected  and  qualified. 
ineligibility         sEC.  7.  No   county   officer   shall  be  eligible  to  hold 

for  more  than  J  o 

two  terms.       ^jg  0f^ce  m0re  than  two  terms  in  succession. 

salaries.  Sec.  8.  The  Legislature  shall  fix  the  compensation 

by  salaries  of  all  county  officers,  and  of  constables  in 
cities  having  a  population  5,000  and  upward ;  except 
that  public  administrators,  surveyors  and  coroners  may 
or  may  not  be  salaried  officers.  The  salary  of  any 
county,  city,  town  or  municipal  officer  shall  not  be  in- 
creased or  diminished  after  his  election,  or  during  his 
term  of  office ;  nor  shall  the  term  of  any  such  officer 
be  extended  beyond  the  period  for  which  he  is  elected 
or  appointed. 

nabiefoi^state  Sec.  9.  No  county,  nor  the  inhabitants  thereof,  nor 
the  property  therein,  shall  be  released  or  discharged 
from  its  or  their  proportionate  share  of  taxes  to  be 
levied  for  state  purposes,  nor  shall  commutation  for 
such  taxes  be  authorized  in  any  form  whatever. 

Rations1  not"       ^EC-  ^'  Corporations  for  municipal  purposes  shall 

specia?acyts.  n°t  De  created  by  special  laws ;  but  the  Legislature,  by 
general  laws,  shall  provide  for  the  incorporation,  organ- 
ization and  classification,  in  proportion  to  population, 
of  cities  and  towns,  which  laws  may  be  altered,  amended 
or  repealed.  Cities  and  towns  heretofore  organized  or 
incorporated  may  become  organized  under  such  general 
laws  whenever  a  majority  of  the  electors  voting  at  a 
general  election  shall  so  determine,  and  shall  organize 
in  conformity  therewith  ;  and  cities  or  towns  hereto- 
fore or  hereafter  organized,  and  all  charters  thereof 
framed  or  adopted  by  authority  of  this  constitution, 
shall    be    subject  to  and  controlled   by    general  laws. 

CMesorfS2o°ooo  ^ny  city  containing  a  population  of  twenty  thousand 
inhabitants,  or  more,  shall  be  permitted  to  frame  a 
charter  for  its  own  government,  consistent  with  and 
subject  to  the  constitution  and  laws  of  this  state,  and 
for  such  purpose  the  legislative  authority  of  such  city 
may  cause  an  election  to  be  had,  at  which  election  there 
shall  be  chosen  by  the  qualified  electors  of  said  city, 


or  more. 


STATE  CONSTITUTION.  171 

fifteen  freeholders  thereof,  who  shall  have  been  resi- 
dents of  said  city  for  a  period  of  at  least  two  years  pre- 
ceding their  election,  and  qualified  electors,  whose 
duty  it  shall  be  to  convene  within  ten  days  after  their 
election  and  prepare  and  propose  a  charter  for  such 
city.  Such  proposed  charter  shall  be  submitted  to  the  Adoption  of 
qualified  electors  of  said  city,  and  if  a  majority  of  such 
qualified  electors  voting  thereon  ratify  the  same,  it 
shall  become  the  charter  of  said  city,  and  shall  become 
the  organic  law  thereof,  and  supersede  any  existing 
charter,  including  amendments  thereto,  and  all  special 
laws  inconsistent  with  such  charter.  Said  proposed 
charter  shall  be  published  in  two  daily  newspapers 
published  in  said  city,  for  at  least  thirty  days  prior  to 
the  day  of  submitting  the  same  to  the  electors  for  their 
approval,  as  above  provided.  All  elections  in  this  sec- 
tion authorized  shall  only  be  had  upon  notice,  which 
notice  shall  specify  the  object  of  calling  such  election, 
and  shall  be  given  for  at  least  ten  days  before  the  day 
of  election,  in  all  election  districts  of  said  city.  Said 
elections  may  be  general  or  special  elections,  and  ex- 
cept as  herein  provided  shall  be  governed  by  the  law 
regulating  and  controlling  general  or  special  elections 
in  said  city.  Such  charter  may  be  amended  by  pro-  ^har™?nt 
posals  therefor  submitted  by  the  legislative  authority 
of  such  city  to  the  electors  thereof  at  any  general  elec- 
tion after  notice  of  said  submission  published  as  above 
specified,  and  ratified  by  a  majority  of  the  qualified 
electors  voting  thereon.  In  submitting  any  such  char- 
ter, or  amendment  thereto,  any  alternate  article  or 
proposition  may  be  presented  for  the  choice  of  the  vot- 
ers, and  may  be  voted  on  separately  without  prejudice 
to  others. 

Sec.  11.  Anv  county,  city,  town    or  township   may  Privileges 

"  *■        '     "    of  cities. 

make  and  enforce  within  its  limits  all  such  local  po- 
lice, sanitary  and  other  regulations  as  are  not  in  con- 
flict with  general  laws. 

Sec.  12.  The    Legislature   shall    have   no    power    toLocal';i 

r  governed  by 

impose  taxes  upon  counties,  cities,  towns  or  other  mu-  general  laws, 
nicipal  corporations,  or  upon  the  inhabitants  or  prop- 


172  STATE   CONSTITUTION. 

erty  thereof,  for  county,  city,  town,  or  other  municipal 
purposes,  but  may  by  general  laws  vest  in  the  corporate 
authorities  thereof  the  power  to  assess  and  collect  taxes 
for  such  purposes. 

Sec.  13.  Private  property  shall  not  be  taken  or  sold 

for  the  payment  of  the  corporate  debt  of  any  public  or 

municipal  corporation,  except  in  the  mode  provided  by 

law  for  the  levy  and  collection  of  taxes. 

unlawful  use        sEC.  14.  The   making  of  profit  out  of  county,  city, 

feiony  a  town  or  other  public  money,  or  using  the  same  for  any 

purpose  not  authorized  by  law,  by  any  officer  having 

the  possession  or  control  thereof,  shall  be  a  felony,  and 

shall  be  prosecuted  and  punished  as  prescribed  bylaw. 

monPeybtoCbe  Sec.  15.  All  moneys,  assessments  and  taxes  belong- 

treasurer. wlth  ing  to  or  collected  for  the  use  of  any  county,  city,  town 

or  other  public  or  municipal  corporation,  coming  into 

the  hands  of  any  officer  thereof,  shall  immediately  be 

deposited  with  the  treasurer,  or  other  legal  depositary, 

to  the  credit  of  such  city,  town,  or  other  corporation 

respectively,  for  the  benefit  of  the  funds  to  which  they 

belong. 

ARTICLE  XII. — CORPORATIONS   OTHER  THAN   MUNICIPAL. 

sreciaie1a\^sby  Section  1.  Corporations  may  be  formed  under  gen- 
eral laws,  but  shall  not  be  created  by  special  acts.  All 
laws  relating  to  corporations  may  be  altered,  amended 
or  repealed  by  the  Legislature  at  any  time,  and  all  cor- 
porations doing  business  in  this  state  may,  as  to  such 
business,  be  regulated,  limited  or  restrained  by  law. 

Sec.  2.  All  existing  charters,  franchises,  special  or 
exclusive  privileges,  under  which  an  actual  and  bona 
fide  organization  shall  not  have  taken  place,  and  busi- 
ness been  commenced  in  good  faith,  at  the  time  of  the 
adoption  of  this  constitution,  shall  thereafter  have  no 
validity, 
sh^no^ex-         Sec.  ^  The  Legislature  shall  not  extend  any  fran- 
ornremftncllise  chise  or  charter,  nor  remit  the  forfeiture  of  any  fran- 
forfemire.        CQise  or  charter  of  any  corporation  now  existing,  or 
which  shall  hereafter  exist  under  the  laws  of  this  state. 
Liability  of  Sec.  4.  Each    stockholder  in  all  incorporated  com- 

stockholders.  . 

panies,  except  corporations  organized  for  banking  or 


STATE   CONSTITUTION.  173 

insurance  purposes,  shall  be  liable  for  the  debts  of  the 
corporation  to  the  amount  of  his  unpaid  stock,  and  no 
more,  and  one  or  more  stockholders  may  be  joined  as 
parties  defendant  in  suits  to  recover  upon  this  liability. 

Sec.  5.  The  term  corporations,  as  used  in  this  ar-  cSraed°to 
tide,  shall  be  construed  to  include  all  associations  and  mcl1 
joint  stock  companies  having  any  powers  or  privileges 
of  corporations  not  possessed  by  individuals  or  partner- 
ships, and  all  corporations  shall  have  the  right  to  sue 
and  shall  be  subject  to  be  sued,  in  all  courts,  in  like 
cases  as  natural  persons. 

Sec.  6.  Corporations  shall  not  issue  stock,  except  to  stoc^ficti-11 
bona  fide  subscribers  therefor,  or  their  assignees ;  nor  ^s  lssue 
shall  any  corporation  issue  any  bond,  or  other  obliga- 
tion, for  the  payment  of  money,  except  for  money  or 
property  received  or  labor  done.  The  stock  of  cor- 
porations shall  not  be  increased,  except  in  pursuance 
of  a  general  law,  nor  shall  any  law  authorize  the  in- 
crease of  stock,  without  the  consent  of  the  person  or 
persons  holding  the  larger  amount  in  value  of  the 
stock,  nor  without  due  notice  of  the  proposed  increase 
having  been  previously  given  in  such  manner  as  may 
be  prescribed  by  law.  All  fictitious  increase  of  stock 
or  indebtedness  shall  be  void. 

Sec.  7.  No  corporation  organized  outside  the  limits 
of  this  state  shall  be  allowed  to  transact  business  within 
the  state  on  more  favorable  conditions  than  are  pre- 
scribed by  law  to  similar  corporations  organized  under 
the  laws  of  this  state. 

Sec  8.   No  corporation  shall  lease  or  alienate  any  Leasing  or 

■^  ^    alienation  of 

franchise,  so  as  to  relieve  the  franchise,  or  property  franchises, 
held  thereunder,  from  the  liabilities  of  the  lessor,  or 
grantor,  lesee,  or  grantee,  contracted  or  incurred  in  the 
operation,  use,  or  enjoyment  of  such  franchise  or  any 
of  its  privileges. 

Sec.  9.  The  state  shall  not  in  any  manner  loan  its  state  snail  not 

J  loan  its  credit 

credit,  nor  shall  it  subscribe  to,  or  be  interested  in,  the  *?0^ypora" 
stock  of  any  company,  association  or  corporation. 

Sec  10.    The  exercise  of  the  right  of  eminent  do-  SS^st** 
main   shall   never  be  so   abridged  or  construed  as  to  rf£ht?xe 


174 


STATE   CONSTITUTION. 


Corporations 
and  individ- 
uals shall  not 
issue  money, 
except  lawful 
money  of  U.  S 


Liability  of 
stockholders. 


Insolvent 
banks  shall 
not  receive 
deposits. 


Common  car- 
riers; rights; 
duties. 


prevent  the  Legislature  from  taking  the  property  and 
franchises  of  incorporated  companies,  and  subjecting 
them  to  public  use  the  same  as  the  property  of  indi- 
viduals. 

Sec.  11.  No  corporation,  association,  or  individual 
shall  issue  or  put  in  circulation  as  money  anything  but 
the  lawful  money  of  the  United  States.  Each  stock- 
holder of  any  banking  or  insurance  corporation  or 
joint  stock  association  shall  be  individually  and  per- 
sonally liable,  equally  and  ratably  and  not  one  for  an- 
other, for  all  contracts,  debts  and  engagements  of  such 
corporation  or  association  accruing  while  they  remain 
such  stockholders,  to  the  extent  of  the  amount  of  their 
stock  therein  at  the  par  value  thereof,  in  addition  to 
the  amount  invested  in  such  shares. 

Sec.  12.  Any  president,  director,  manager,  cashier, 
or  other  officer  of  any  banking  institution  who  shall 
receive  or  assent  to  the  reception  of  deposits  after  he 
shall  have  knowledge  of  the  fact  that  such  banking  in- 
stitution is  insolvent  or  in  failing  circumstances  shall 
be  individually  responsible  for  such  deposits  so  re- 
ceived. 

Sec.  13.  All  railroad,  canal  and  other  transportation 
companies  are  declared  to  be  common  carriers  and 
subject  to  legislative  control.  Any  association  or  cor- 
poration organized  for  the  purpose,  under  the  laws  of 
the  state,  shall  have  the  right  to  connect  at  the  state 
line  with  railroads  of  other  states.  Every  railroad  com- 
pany shall  have  the  right  with  its  road,  whether  the 
same  be  now  constructed  or  may  hereafter  be  con- 
structed, to  intersect,  cross  or  connect  with  any  other 
railroad,  and  when  such  railroads  are  of  the  same  or 
similar  guage  they  shall,  at  all  crossings  and  at  all 
points  where  a  railroad  shall  begin  or  terminate  at  or 
near  any  other  railroad,  form  proper  connections,  so 
that  tlie  cars  of  any  such  railroad  companies  may  be 
speedily  transferred  from  one  railroad  to  another.  All 
railroad  companies  shall  receive  and  transport  each 
the  other's  passengers,  tonnage  and  cars  without  delay 
or  discrimination. 


STATE   CONSTITUTION.  175 

Sec.   14.    No  railroad    company  or   other    common 
carrier  shall  combine  or  make  any  contract  with  the  certain  com- 

J  binations  of 

owners  of  any  vessel  that  leaves  port  or  makes  port  in  forbidden. 
this  state,  or  with  any  common  carrier,  by  which  com- 
bination  or   contract  the  earnings   of   one   doing  the 
carrying  are  to  be  shared  by  the  other  not  doing  the 
carrying. 

Sec.  15.  No  discrimination   in  charges  or  facilities  niscrimma- 

&  tion  in  rates 

for  transportation  shall  be  made  by  any  railroad  or  other  forDidden- 
transportation  company  between  places  or  persons,  or 
in  the  facilities  for  the  transportation  of  the  same  classes 
of  freight  or  passengers  within  the  state,  or  coming 
from  or  going  to  any  other  state.  Persons  and  prop- 
erty transported  over  any  railroad,  or  by  any  other 
transportation  company,  or  individual,  shall  be  de- 
livered at  any  station,  landing  or  port,  at  charges  not 
exceeding  the  charges  for  the  transportation  of  persons 
and  property  of  the  same  class,  in  the  same  direction, 
to  any  more  distant  station,  port  or  landing.  Excursion 
and  commutation  tickets  may  be  issued  at  special  rates. 

Sec.  16.  No  railroad   corporation   shall  consolidate  Sha11  uot 

■"-  consolidate. 

its  stock,  property  or  franchises  with  any  other  rail- 
road corporation  owning  a  competing  line. 

Sec.  17.  The  rolling  stock  and  other  moveable  prop-  ^"confid0-1"' 
erty  belonging  to  any  railroad  company  or  corpora-  solaipropmy" 
tion  in  this  state  shall  be  considered  personal  property, 
and  shall  be  liable  to  taxation  and  to  execution  and  sale 
in  the  same  manner  as  the  personal  property  of  indi- 
viduals, and  such  property  shall  not  be  exempted  from 
execution  and  sale. 

Sec.  18.  The  legislature  shall  pass  laws  establishing  Regulation  of 

0  r  o  fares  and 

reasonable  maximum  rates  of  charges  for  the  transpor-  Legislature 
tation  of  passengers  and  freight,  and  to  correct  abuses, 
and  to  prevent  discrimination  and  extortion  in  the 
rates  of  freight  and  passenger  tariffs  on  the  different 
railroads  and  other  common  carriers  in  the  state,  and 
shall  enforce  such  laws  by  adequate  penalties.  A  rail- 
road and  transportation  commission  may  be  established 
and  its  powers  and  duties  fully  defined  by  law. 

Sec.  19.  Any    association    or    corporation,    or    the 


176  STATE   CONSTITUTION. 

lessees  or  managers  thereof,  organized  for  the  purpose, 
andefeiePhone  or  an^  individual,  shall  have  the  right  to  construct  and 
companies.  maintain  lines  of  telegraph  and  telephone  within  this 
state,  and  said  companies  shall  receive  and  transmit 
each  other's  messages  without  delay  or  discrimination, 
and  all  such  companies  are  hereby  declared  to  be  com- 
mon carriers  and  subject  to  legislative  control.  Rail- 
road corporations  organized  or  doing  business  in  this 
state  shall  allow  telegraph  and  telephone  corporations 
and  companies  to  construct  and  maintain  telegraph 
lines  on  and  along  the  rights-of-way  of  such  railroads 
and  railroad  companies,  and  no  railroad  corporation 
organized  or  doing  business  in  this  state  shall  allow 
any  telegraph  corporation  or  company  any  facilities, 
privileges  or  rates  for  transportation  of  men  or  material, 
or  for  repairing  their  lines,  not  allowed  to  all  telegraph 
companies.  The  right  of  eminent  domain  is  hereby 
extended  to  all  telegraph  and  telephone  companies. 
The  legislature  shall,  by  general  law  of  uniform  opera- 
tion, provide  reasonable  regulations  to  give  effect  to 
this  section, 
liscrimfna-'  ^ec.  ^0.  No  railroad  or  other  transportation  com- 
tion forbidden.  pany  shall  grant  free  passes,  or  sell  tickets  or  passes  at 
a  discount,  other  than  as  sold  to  the  public  generally, 
to  any  member  of  the  legislature,  or  to  any  person 
holding  any  public  office  within  this  state.  The  legis- 
lature shall  pass  laws  to  carry  this  provision  into  effect. 
^aiinotSdis-  ^ec.  ^1-  Railroad  companies  now  or  hereafter  or- 
againstany  ganized  or  doing  business  in  this  state,  shall  allow  all 
company.  express  companies  organized  or  doing  business  in  this 
state,  transportation  over  all  lines  of  railroad  owned  or 
operated  by  such  railroad  companies  upon  equal  terms 
with  any  other  express  company,  and  no  railroad  cor- 
poration organized  or  doing  business  in  this  state  shall 
allow  any  express  corporation  or  company  any  facili- 
ties, privileges  or  rates  for  transportation  of  men  or 
materials  or  property  carried  by  them,  or  for  doing 
the  business  of  such  express  companies,  not  allowed 
to  all  express  companies. 

Sec.  22.  Monopolies  and  trusts  shall  never  be  allowed 


STATE   CONSTITUTION.  177 

in  this  state,  and  no  incorporated  company,  copartner- 
ship or  association  of  persons  in  this  state  shall  directly  monSopon<fs 
or  indirectly  combine  or  make  any  contract  with  any  forbldden- 
other  incorporated  company,  foreign  or  domestic, 
through  their  stockholders,  or  the  trustees  or  assignees 
of  such  stockholders,  or  with  any  copartnership  or  as- 
sociation of  persons,  or  in  any  manner  whatever,  for 
the  purpose  of  fixing  the  price  or  limiting  the  produc- 
tion or  regulating  the  transportation  of  any  product  or 
commodity.  The  Legislature  shall  pass  laws  for  the 
enforcement  of  this  section  by  adequate  penalties,  and 
in  case  of  incorporated  companies,  if  necessary  for  that 
purpose,  may  declare  a  forfeiture  of  their  charter. 

ARTICLE   XIII. — STATE   INSTITUTIONS. 

Section  1.  Educational,  reformatory  and  penal  in-  ^omito*1, 
stitutions;  those  for  the  benefit  of  blind,  deaf,  dumb  f^itutkL. 
or  otherwise  defective  youth,  for  the  insane  or  idiotic. 
and  such  other  institutions  as  the  public  good  may  re- 
quire, shall  be  fostered  and  supported  by  the  state, 
subject  to  such  regulations  as  may  be  provided  by  law, 
The  regents,  trustees,  or  commissioners  of  all  such  in- 
stitutions existing  at  the  time  of  the  adoption  of  this 
constitution,  and  of  such  as  shall  thereafter  be  estab- 
lished by  law,  shall  be  appointed  by  the  Governor,  by 
and  with  the  advice  and  consent  of  the  Senate ;  and 
upon  all  nominations  made  by  the  Governor,  the  ques- 
tion shall  be  taken  by  the  ayes  and  noes,  and  entered 
upon  the  journal. 

ARTICLE   XIV. — SEAT   OF   GOVERNMENT. 

Section  1.     The  Legislature  shall  have  no  power  to  f0f^^ent 
change,  or  to  locate  the  seat  of  government  of  this  state;  government, 
but  the  question  of  the  permanent  location  of  the  seat  hmv  chosen- 
of  government  of  the  state  shall  be  submitted  to   the 
qualified  electors  of  the  territory,  at  the  election  to  be 
held  for  the  adoption  of  this  constitution.     A  majority 
of  all  the  votes  cast  at  said  election,  upon  said  question, 
shall   be   necessary  to  determine  the  permanent  loca- 
tion of  the  seat  of  government  for  the   state ;  and  no 
place  shall  ever  be  the  seat  of  government  which  shall 
—12 


178 


STATE   CONSTITUTION. 


Temporary 
seat. 


How  changed. 


Capitol 
building. 


Harbor  line 
commission. 


not  receive  a  majority  of  the  votes  cast  on  that  matter. 
In  case  there  shall  be  no  choice  of  location  at  said  first 
election,  the  Legislature  shall,  at  its  first  regular  ses- 
sion after  the  adoption  of  this  constitution,  provide  for 
submitting  to  the  qualified  electors  of  the  state,  at  the 
next  succeeding  general  election  thereafter,  the  ques- 
tion of  choice  of  location  between  the  three  places  for 
which  the  higest  number  of  votes  shall  have  been  cast 
at  the  said  first  election.  Said  Legislature  shall  pro- 
vide further  that  in  case  there  shall  be  no  choice  of 
location  at  said  second  election,  the  question  of  choice 
between  the  two  places  for  which  the  highest  number 
of  votes  shall  have  been  cast,  shall  be  submitted  in 
like  manner  to  the  qualified  electors  of  the  state  at  the 
next  ensuing  general  election  :  Provided,  That  until  the 
seat  of  government  shall  have  been  permanently 
located  as  herein  provided,  the  temporary  location 
thereof  shall  remain  at  the  city  of  Olympia. 

Sec.  2.  When  the  seat  of  government  shall  have 
been  located  as  herein  provided,  the  location  thereof 
shall  not  thereafter  be  changed  except  by  a  vote  of 
two-thirds  of  all  the  qualified  electors  of  the  state  vot- 
ing on  that  question,  at  a  general  election,  at  which 
the  question  of  location  of  the  seat  of  government 
shall  have  been  submitted  by  the  Legislature. 

Sec.  3.  The  Legislature  shall  make  no  appropriations 
or  expenditures  for  capitol  buildings  or  grounds,  except 
to  keep  the  territorial  capitol  buildings  and  grounds  in 
repair,  and  for  making  all  necessary  additions  thereto, 
until  the  seat  of  government  shall  have  been  perma- 
nently located,  and  the  public  buildings  are  erected  at 
the  permanent  capital  in  pursuance  of  law. 

ARTICLE  XV. — HARBORS   AND  TIDE   WATERS. 

Section  1.  The  Legislature  shall  provide  for  the  ap- 
pointment of  a  commission  whose  duty  it  shall  be  to 
locate  and  establish  harbor  lines  in  the  navigable 
waters  of  all  harbors,  estuaries,  bays  and  inlets  of  this 
state,  wherever  such  navigable  waters  lie  within  or  in 
front  of  the  corporate  limits  of  any  city  or  within  one 


STATE   CONSTITUTION.  179 

mile  thereof  upon  either  side.  The  state  shall  never 
give,  sell  or  lease  to  any  private  person,  corporation  or 
association  any  rights  whatever  in  the  waters  beyond 
such  harbor  lines,  nor  shall  any  of  the  area  lying  be- 
tween any  harbor  line  and  the  line  of  ordinary  high 
tide,  and  within  not  less  than  fifty  feet  nor  more  than 
600  feet  of  such  harbor  line  (as  the  commissioners 
shall  determine)  be  sold  or  granted  by  the  state,  nor  its 
right  to  control  the  same  relinquished,  but  such  area  Areas  reserved 

o  ^  for  wharves 

shall  be  forever  reserved  for  landings,  wharves,  streets  and  landings- 
and  other  conveniences  of  navigation  and  commerce. 

Sec.  2.   The  Legislature  shall  provide  general  laws  ^sfor01 
for   the   leasing   of  the   right  to   build   and   maintain  anddocks. 
wharves,  docks   and   other  structures  upon  the  areas 
mentioned  in   section    1   of  this  article,   but   no  lease 
shall  be  made  for  any  term  longer  than  thirty  years, 
or  the  Legislature  may  provide  by  general  laws  for  the  . 
building  and  maintaining  upon   such  area,  wharves, 
docks  and  other  structures'. 

Sec.  3.  Municipal  corporations  shall  have  the  right 
to  extend  their  streets  over  intervening  tide  lands  to 
and  across  the  area  reserved  as  herein  provided. 

ARTICLE   XVI. — SCHOOL   AND    GRANTED   LANDS. 

Section  1.  All  the  public  lands  granted  to  the  state  shaiinotbe 

r  &  sold  at  less 

are  held  in  trust  for  all  the  people,  and  none  of  such  ^uemarket 
lands,  nor  any  estate  or  interest  therein,  shall  ever  be 
disposed  of  unless  the  full  market  value  of  the  estate 
or  interest  disposed  of,  to  be  ascertained  in  such  man- 
ner as  may  be  provided  by  law,  be  paid  or  safely  se- 
cured to  the  state  ;  nor  shall  any  lands  which  the  state 
holds  by  grant  from  the  United  States  ( in  any  case 
in  which  the  manner  of  disposal  and  minimum  price 
are  so  prescribed )  be  disposed  of  except  in  the  manner 
and  for  at  least  the  price  prescribed  in  the  grant 
thereof,  without  the  consent  of  the  United  States. 

Sec  2.  None  of  the  lands  granted   to  the   state  for  Landsfor 

°  educational 

educational  purposes  shall  be   sold   otherwise  than   at  fo  tH°'hestSOld 
public    auction    to    the    highest    bidder.     The    value  publfc  auction. 
thereof,  less  the  improvements,  shall,  before  any  sale, 


180  STATE   CONSTITUTION. 

be  appraised  by  a  board  of  appraisers,  to  be  provided 
by  law,  the  terms  of  payment  also  to  be  prescribed  by 
law,  and  no  sale  shall  be  valid  unless  the  sum  bid  be 
equal  to  the  appraised  value  of  said  land.  In  estimat- 
ing the  value  of  said  lands  for  disposal,  the  value  of 
the  improvements  thereon  shall  be  excluded  :  Provided, 
That  the  sale  of  all  school  and  university  land  hereto- 
fore made  by  the  commissioners  of  any  county  or  the 
university  commissioners,  when  the  purchase  price  has 
been  paid  in  good  faith,  may  be  confirmed  by  the  Leg- 
islature. 

how°soidands'  ^ec.  3-  No  more  than  one-fourth  of  the  land  granted 
to  the  state  for  educational  purposes  shall  be  sold  prior 
to  January  1,1895,  and  not  more  than  one-half  prior  to 
January  1,  1905:  Provided,  That  nothing  herein  shall 
be  construed  as  to  prevent  the  state  from  selling  the  tim- 
ber or  stone  off  of  any  of  the  state  lands  in  such  manner 
and  on  such  terms  as  may  be  prescribed  by  law ;  And 
provided  further,  That  no  sale  of  timber  lands  shall  be 
valid  unless  the  full  value  of  such  lands  is  paid  or 
secured  to  the  state. 

subdivision  of.  Sec.  4.  No  more  than  one  hundred  and  sixty  (160) 
acres  of  any  granted  lands  of  the  state  shall  be  offered 
for  sale  in  one  parcel,  and  all  lands  within  the  limits 
of  any  incorporated  city,  or  within  two  miles  of  the 
boundary  of  any  incorporated  city,  where  the  valuation 
of  such  lands  shall  be  found  by  appraisement  to 
exceed  one  hundred  dollars  ($100)  per  acre,  shall,  be- 
fore the  same  be  sold,  be  platted  into  lots  and  blocks 
of  not  more  than  five  acres  in  a  block,  and  not  more 
than  one  block  shall   be  offered  for  sale  in  one  parcel. 

of  fundsent  Sec.  5.  None   of    the  permanent  school   fund  shall 

ever  be  loaned  to  private  persons  or  corporations,  but 
it  may  be  invested  in  national,  state,  county  or  munic- 
ipal bonds. 

ARTICLE   XVII.— TIDE    LANDS. 

claim  of  state.  Section  1.  The  State  of  Washington  asserts  its 
ownership  to  the  beds  and  shores  of  all  navigable  waters 
in  the  state  up  to  and  including  the  line  of  ordinary 
high  tide,  in  waters  where  the  tide  ebbs  and  flows,  and 


STATE   CONSTITUTION.  181 

up  to  and  including  the  line  of  ordinary  high  water 
within  the  banks  of  all  navigable  rivers  and  lakes : 
Provided,  That  this  section  shall  not  be  construed  so  as 
to  debar  any  person  from  asserting  his  claim  to  vested 
rights  in  the  courts  of  the  state. 

Sec.  2.  The  State  of  Washington   disclaims   all  title  ownership 

o  disclaimed  to 

in  and  claim  to  all  tide,  swamp   and   overflowed   lands  certam  lands- 
patented  by  the  United  States :    Provided,  The  same  is 
not  impeached  for  fraud. 

ARTICLE   XVIII.  — STATE    SEAL. 

Section  1.  The    seal    of  the    State    of    Washington  Design  of. 
shall  be  a  seal  encircled  with  the  words:  "The  seal  of 
the  State  of  Washington,"  with   the   vignette   of   Gen. 
George  Washington  as  the  central  figure,  and  beneath 
the  vignette  the  figures  "  1889." 

ARTICLE    XIX. — EXEMPTIONS. 

Section  1.  The    Legislature    shall    protect     by    law  Homestead, 
from  forced  sale  a  certain  portion   of  the   homestead 
and  other  property  of  all  heads  of  families. 

ARTICLE   XX.— PUBLIC  HEALTH   AND  VITAL   STATISTICS. 

Section  1.  There  shall  be  established  by  law  a  state  Boardof 

f    _  health. 

board  of  health  and  a  bureau  of  vital  statistics  in  con- 
nection therewith,  with  such  powers  as  the  Legislature 
may  direct. 

Sec  2.  The  Legislature  shall  enact  laws  to  regulate  Practice  of 

°  °  medicine. 

the  practice  of  medicine  and  surgery,  and  the  sale  of 
drugs  and  medicines. 

ARTICLE   XXI. — WATER   AND   WATER    RIGHTS. 

Section  1.  The  use  of  the  waters  of  the  state  for  ir-  water  rights. 
rigation,  mining  and  manufacturing  purposes  shall  be 
deemed  a  public  use. 

ARTICLE   XXII. — LEGISLATIVE   APPORTIONMENT. 

Section  1.  Until  otherwise  provided  by  law,  the  state  First  appor- 

r  J  tionment. 

shall  be  divided  into  twenty-four  (24)  senatorial  dis-  flfgtrictsal 
tricts,  and  said  districts  shall  be  constituted  and  num- 
bered as  follows :  The  counties  of  Stevens  and  Spokane 
shall  constitute  the  first  district,  and  be  entitled  to  one 
senator;  the  county  of  Spokane  shall  constitute  the 
second  district,  and  be  entitled  to  three  senators  ;  the 


182  STATE  CONSTITUTION. 

county  of  Lincoln  shall  constitute  the  third  district, 
and  be  entitled  to  one  senator;  the  counties  of  Okano- 
gan, Lincoln,  Adams  and  Franklin  shall  constitute  the 
fourth  district,  and  be  entitled  to  one  senator ;  the 
county  of  Whitman  shall  constitute  the  fifth  district, 
and  be  entitled  to  three  senators ;  the  counties  of  Gar- 
field and  Asotin  shall  constitute  the  sixth  district,  and 
be  entitled  to  one  senator ;  the  county  of  Columbia 
shall  constitute  the  seventh  district,  and  be  entitled  to 
one  senator ;  the  county  of  Walla  Walla  shall  consti- 
tute the  eighth  district,  and  be  entitled  to  two  senators  ; 
the  counties  of  Yakima  and  Douglas  shall  constitute 
the  ninth  district,  and  be  entitled  to  one  senator;  the 
county  of  Kittitas  shall  constitute  the  tenth  district, 
and  be  entitled  to  one  senator ;  the  counties  of  Klick- 
itat and  Skamania  shall  constitute  the  eleventh  dis- 
trict, and  be  entitled  to  one  senator ;  the  county  of 
Clarke  shall  constitute  the  twelfth  district,  and  be  en- 
titled to  one  senator ;  the  county  of  Cowlitz  shall  con- 
stitute the  thirteenth  district,  and  be  entitled  to  one 
senator ;  the  county  of  Lewis  shall  constitute  the 
fourteenth  district,  and  be  entitled  to  one  senator ;  the 
counties  of  Pacific  and  Wahkiakum  shall  constitute 
the  fifteenth  district,  and  be  entitled  to  one  senator; 
the  county  of  Thurston  shall  constitute  the  sixteenth 
district,  and  be  entitled  to  one  senator ;  the  county  of 
Chehalis  shall  constitute  the  seventeenth  district,  and 
be  entitled  to  one  senator ;  the  county  of  Pierce  shall 
constitute  the  eighteenth  district,  and  be  entitled  to 
three  senators ;  the  county  of  King  shall  constitute  the 
nineteenth  district,  and  be  entitled  to  five  senators ; 
the  counties  of  Mason  and  Kitsap  shall  constitute  the 
twentieth  district,  and  be  entitled  to  one  senator;  the 
counties  of  Jefferson,  Clallam  and  San  Juan  shall  con- 
stitute the  twenty-first  district,  and  be  entitled  to  one 
senator;  the  county  of  Snohomish  shall  constitute  the 
twenty-second  district,  and  shall  be  entitled  to  one 
senator ;  the  counties  of  Skagit  and  Island  shall  con- 
stitute the  twenty-third  district,  and  be  entitled  to  one 


STATE  CONSTITUTION.  183 

senator ;  the  county  of  Whatcom  shall  constitute  the 
twenty-fourth  district,  and  be  entitled  to  one  senator. 

Sec.  2.  Until  otherwise  provided  by  law,  the  repre-  First  aPPor- 

r  J  i  tionment, 

sentatives  shall  be  devided  among  the  several  counties  ^trtctstative 
of  the  state  in  the  following  manner :  The  county  of 
Adams  shall  have  one  representative;  the  county  of 
Asotin  shall  have  one  representative ;  the  county  of 
Chehalis  shall  have  two  representatives ;  the  county  of 
Clarke  shall  have  three  representatives  ;  the  county  of 
Clallam  shall  have  one  representative ;  the  county  of 
Columbia  shall  have  two  representatives  ;  the  county  of 
Cowlitz  shall  have  one  representative ;  the  county  of 
Douglas  shall  have  one  representative  ;  the  county  of 
Franklin  shall  have  one  representative ;  the  county  of 
Garfield  shall  have  one  representative ;  the  county  of 
Island  shall  have  one  representative  ;  the  county  of  Jef- 
ferson shall  have  two  representatives ;  the  county  of 
King  shall  have  eight  representatives ;  the  county  of 
Klickitat  shall  have  two  representatives ;  the  county  of 
Kittitas  shall  have  two  representatives ;  the  county  of 
Kitsap  shall  have  one  representative ;  the  county  of 
Lewis  shall  have  two  representatives ;  the  county  of 
Lincoln  shall  have  two  representatives ;  the  county  of 
Mason  shall  have  one  representative  ;  the  county  of 
Okanogan  shall  have  one  representative ;  the  county  of 
Pacific  shall  have  one  representative ;  the  county  of 
Pierce  shall  have  six  representatives  ;  the  county  of  San 
Juan  shall  have  one  representative ;  the  county  of 
Skamania  shall  have  one  representative ;  the  county  of 
Snohomish  shall  have  two  representatives ;  the  county 
of  Skagit  shall  have  two  representatives ;  the  county  of 
Spokane  shall  have  six  representatives ;  the  county  of 
Stevens  shall  have  one  representative ;  the  county  of 
Thurston  shall  have  two  representatives;  the  county  of 
Walla  Walla  shall  have  three  representatives ;  the 
county  of  Wahkiakum  shall  have  one  representative ; 
the  county  of  Whatcom  shall  have  two  representatives  ; 
the  county  of  Whitman  shall  have  five  representatives; 
the  county  of  Yakima  shall  have  one  representative. 


184 


STATE   CONSTITUTION. 


State  consti- 
tution, how 
amended. 


Convention 
to  amend 
constitution, 
how  called. 


Voters  must 
ratify. 


Boundaries  of 
state  defined. 


ARTICLE  XXIII.  —  AMENDMENTS. 

Section  1.  Any  amendment  or  amendments  to  this 
constitution  may  be  proposed  in  either  branch  of  the 
Legislature,  and  if  the  same  shall  be  agreed  to  by  two- 
thirds  of  the  members  elected  to  each  of  the  two  houses, 
such  proposed  amendment  or  amendments  shall  be 
entered  in  their  journals,  with  the  ayes  and  noes  there- 
on, and  be  submitted  to  the  qualified  electors  of  the 
state  for  their  approval,  at  the  next  general  election,  and 
if  the  people  approve  and  ratify  such  amendment  or 
amendments,  by  a  majority  of  the  electors  voting  thereon, 
the  same  shall  become  part  of  this  constitution,  and 
proclamation  thereof  shall  be  made  by  the  Governor :' 
Provided,  That  if  more  than  one  amendment  be  sub- 
mitted, they  shall  be  submitted  in  such  a  manner  that 
the  people  may  vote  for  or  against  such  amendments 
separately.  The  Legislature  shall  also  cause  the  amend- 
ments that  are  to  be  submitted  to  the  people  to  be  pub- 
lished for  at  least  three  months  next  preceding  election, 
in  some  weekly  newspaper  in  every  county  where  a 
newspaper  is  published  throughout  the  state. 

Sec  2.  Whenever  two-thirds  of  the  members  elected 
to  each  branch  of  the  Legislature  shall  deem  it  neces- 
sary to  call  a  convention  to  revise  or  amend  this  con- 
stitution, they  shall  recommend  to  the  electors  to  vote 
at  the  next  general  election  for  or  against  a  conven- 
tion, and  if  a  majority  of  all  the  electors  voting  at  said 
election  shall  have  voted  for  a  convention,  the  Legisla- 
ture shall,  at  the  next  session,  provide  by  law  for  call- 
ing the  same ;  and  such  convention  shall  consist  of  a 
number  of  members  not  less  than  that  of  the  most  nu- 
merous branch  of  the  Legislature. 

Sec.  3.  Any  constitution  adopted  by  such  conven- 
tion shall  have  no  validity  until  it  has  been  submitted 
to  and  adopted  by  the  people. 

ARTICLE   XXIV. — BOUNDARIES. 

Section  1.  The  boundaries  of  the  State  of  Washing- 
ton shall  be  as  follows :  Beginning  at  a  point  in  the 
Pacific  ocean  one  marine  league  due  west  of  and  oppo- 


STATE  CONSTITUTION.  185 

site  the  middle  of  the  mouth  of  the  north  ship  channel 
of  the  Columbia  river,  thence  running  easterly  to  and 
up  the  middle  channel  of  said  river  and  where  it  is  di- 
vided by  islands  up  the  middle  of  the  widest  channel 
thereof  to  where  the  forty-sixth  parallel  of  north  lati- 
tude crosses  said  river,  near  the  mouth  of  the  Walla 
Walla  river  ;  thence  east  on  said  forty-sixth  parallel  of 
latitude  to  the  middle  of  the  main  channel  of  the  Sho- 
shone or  Snake  river  ;  thence  follow  down  the  middle 
of  the  main  channel  of  Snake  river  to  a  point  opposite 
the  mouth  of  the  Kooskooskia  or  Clear  Water  river ; 
thence  due  north  to  the  forty-ninth  parallel  of  north 
latitude ;  thence  west  along  said  forty-ninth  parallel  of 
north  latitude  to  the  middle  of  the  channel  which  sep- 
arates Vancouver's  Island  from  the  continent,  that  is 
to  say  to  a  point  in  longitude  123  degrees,  19  minutes 
and  15  seconds  west;  thence  following  the  boundary 
line  between  the  United  States  and  British  possessions 
through  the  channel  which  separates  Vancouver's 
Island  from  the  continent  to  the  termination  of  the 
boundary  line  between  the  United  States  and  British 
possessions  at  a  point  in  the  Pacific  ocean  equi-distant 
between  Bonnilla  point  on  Vancouver's  Island  and 
Tatoosh  Island  lighthouse  ;  thence  running  in  a  south- 
erly course  and  parallel  with  the  coast  line,  keeping 
one  marine  league  off  shore,  to  place  of  beginning. 

ARTICLE  XXV. — JURISDICTION. 

Section  1.  The  consent  of  the  State  of  Washington  united  states 

o  to  have  juris- 

is  hereby  given  to  the  exercise,  by  the  congress  of  the  ^rtain 
United  States,  of  exclusive  legislation  in  all  cases  what-  onandrcels 
soever  over  such  tracts  or  parcels  of  land  as  are  now 
held  or  reserved  by  the  government  of  the  United  States 
for  the  purpose  of  erecting  or  maintaining  thereon 
forts,  magazines,  arsenals,  dockyards,  lighthouses  and 
other  needful  buildings,  in  accordance  with  the  pro- 
visions of  the  seventeenth  paragraph  of  the  eighth 
section  of  the  first  article  of  the  constitution  of  the 
United  States,  so  long  as  the  same  shall  be  so  held  and 
reserved  bv  the  United  States :  Provided,  That  a  suffi- 


over 
tracts 


186 


STATE   CONSTITUTION. 


Exception. 


Religious 
toleration 
guaranteed. 


Rights  to  un- 
appropriated 
public  lands 
disclaimed. 


cient  description  by  metes  and  bounds,  and  an  accurate 
plat  or  map  of  each  such  tract  or  parcel  of  land  be  filed 
in  the  proper  office  of  record  in  the  county  in  which 
the  same  is  situated,  together  with  copies  of  the  orders, 
deeds,  patents  or  other  evidences  in  writing"of  the  title 
of  the  United  States :  And  provided,  That  all  civil 
process  issued  from  the  courts  of  this  state,  and  such 
criminal  process  as  may  issue  under  the  authority  of 
this  state,  against  any  person  charged  with  crime  in 
cases  arising  outside  of  such  reservations,  may  be 
served  and  executed  thereon  in  the  same  mode  and 
manner,  and  by  the  same  officers,  as  if  the  consent 
herein  given  had  not  been  made. 

ARTICLE   XXVI.— COMPACT   WITH   THE  UNITED   STATES. 

The  following  ordinance  shall  be  irrevocable  without 
the  consent  of  the  United  States  and  the  people  of  this 
state : 

First :  That  perfect  toleration  of  religious  sentiment 
shall  be  secured,  and  that  no  inhabitant  of  this  state 
shall  ever  be  molested  in  person  or  property  on  account 
of  his  or  her  mode  of  religious  worship. 

Second:  That  the  people  inhabiting  this  state  do 
agree  and  declare  that  they  forever  disclaim  all  right 
and  title  to  the  unappropriated  public  lands  lying 
within  the  boundaries  of  this  state,  and  to  all  lands 
lying  within  said  limits  owned  or  held  by  any  Indian 
or  Indian  tribes ;  and  that,  until  the  title  thereto  shall 
have  been  extinguished  by  the  United  State,  the  same 
shall  be  and  remain  subject  to  the  disposition  of  the 
United  States,  and  said  Indian  lands  shall  remain 
under  the  absolute  jurisdiction  and  control  of  the  Con- 
gress of  the  United  States,  and  that  the  lands  belong- 
ing to  citizens  of  the  United  States  residing  without 
the  limits  of  this  state  shall  never  be  taxed  at  a  higher 
rate  than  the  lands  belonging  to  residents  thereof,  and 
that  no  taxes  shall  be  imposed  by  the  state  on  lands  or 
property  therein  belonging  to  or  which  may  be  here- 
after purchased  by  the  United  States  or  reserved  for 
use:  Provided,  That  nothing  in  this  ordinance  shall 
preclude    the    state    from    taxing,  as    other    lands   are 


STATE   CONSTITUTION.  187 

taxed, any  lands  owned  or  held  by  any  Indian  who  has 
severed  his  tribal  relation,  and  has  obtained  from  the 
United  States  or  from  any  person  a  title  thereto  by 
patent  or  other  grant,  save  and  except  such  lands  as 
have  been  or  may  be  granted  to  any  Indian  or  Indians 
under  any  act  of  Congress  containing  a  provision 
exempting  the  lands  thus  granted  from  taxation, 
which  exemption  shall  continue  so  long  and  to  such  an 
extent  as  such  act  of  Congress  may  prescribe. 

Third:  The  debts  and  liabilities  of  the  Territory  of  ^IsLS' 
Washington,    and   payment   of   the   same,  are    hereby 
assumed  by  this  state. 

Fourth :  Provision  shall   be   made   for  the  establish-  pubifcmschoois 
ment  and    maintenance   of  systems   of  public   schools  suaranteed- 
free  from  sectarian  control,  which  shall   be  open  to  all 
the  children  of  said  state. 

ARTICLE    XX VII.— SCHEDULE. 

In  order  that  no  inconvenience  may  arise  by  reason 
of  a  change  from  a  territorial  to  a  state  government,  it- 
is  hereby  declared  and  ordained  as  follows  : 

Section  1.  No  existing  rights,  actions,  suits,  pro- 
ceedings, contracts  or  claims  shall  be  affected  by  a 
change  in  the  form  of  government,  but  all  shall  con- 
tinue as  if  no  change  had  taken  place ;  and  all  process 
which  may  have  been  issued  under  the  authority  of 
the  Territory  of  Washington  previous  to  its  admission 
into  the  Union  shall  be  as  valid  as  if  issued  in  the 
name  of  the  state. 

Sec.  2.  All  laws  now  in  force  in  the  Territory  of  tL0aJs01": 
Washington,  which  are  not  repugnant  to  this  constitu-  mgtc 
tion,  shall  remain  in  force  until  they  expire  by  their 
own  limitation,  or  are  altered  or  repealed  by  the  legis- 
lature: Provided,  That  this  section  shall  not  be  so 
construed  as  to  validate  any  act  of  the  legislature  of 
Washington  Territory  granting  shore  or  tide  lands  to 
any  person,  company  or  any  municipal  or  private  cor- 
poration. 

Sec.   3.    All   debts,   fines,   penalties  and   forfeitures,  °tcbtfnurees' 
which  have  accrued,  or  may  hereafter  accrue,  to  the '° state 


188  STATE   CONSTITUTION. 

Territory  of  Washington,  shall  inure  to  State  of  Wash- 
ington. 
tekCe°nSifdenrCes  Sec.  4-  All  recognizances  heretofore  taken,  or  which 
ernmentava1?d  Hi  ay  be  taken  before  the  change  from  a  territorial  to  a 
government,  state  government,  shall  remain  valid,  and  shall  pass  to 
and  may  be  prosecuted  in  the  name  of  the  state,  and 
all  bonds  executed  to  the  Territory  of  Washington  or 
to  any  county  or  municipal  corporation,  or  to  any  offi- 
cer or  court  in  his  or  its  official  capacity,  shall  pass  to 
the  state  authorities  and  their  successors  in  office,  for 
the  uses  therein  expressed,  and  may  be  sued  for  and 
recovered  accordingly,  and  all  the  estate,  real,  per- 
sonal and  mixed,  and  all  judgments,  decrees,  bonds, 
specialties,  choses  in  action,  and  claims  or  debts,  of 
whatever  description,  belonging  to  the  Territory  of 
Washington,  shall  inure  to  and  vest  in  the  State  of 
Washington,  and  may  be  sued  for  and  recovered  in 
the  same  manner,  and  to  the  same  extent,  by  the  State 
of  Washington,  as  the  same  could  have  been  by  the 
Territory  of  Washington. 
Penai  actions.  Sec.  5.  All  criminal  prosecutions  and  penal  actions 
which  may  have  arisen,  or  which  may  arise,  before 
the  change  from  a  territorial  to  a  state  government, 
and  which  shall  then  be  pending,  shall  be  prosecuted 
to  judgment  and  execution  in  the  name  of  the  state. 
All  offenses  committed  against  the  laws  of  the  Terri- 
tory of  Washington,  before  the  change  from  a  terri- 
torial to  state  government,  and  which  shall  not  be 
prosecuted  before  such  change,  may  be  prosecuted  in 
the  name  and  by  the  authority  of  the  State  of  Wash- 
ington, with  like  effect  as  though  such  change  had  not 
taken  place ;  and  all  penalties  incurred  shall  remain 
the  same  as  if  this  constitution  had  not  been  adopted. 
All  actions  at  law  and  suits  in  equity  which  may  be 
pending  in  any  of  the  courts  of  the  Territory  of  Wash- 
ington, at  the  time  of  the  change  from  a  territorial  to 
a  state  government,  shall  be  continued  and  transferred 
to  the  court  of  the  state  having  jurisdiction  of  the  sub- 
ject matter  thereof. 

Sec.  6.  All  officers  now  holding  their  office   under 


STATE   CONSTITUTION.  189 

the  authority  of  the  United  States,  or  of  the  Territory 

of   Washington,  shall   continue   to   hold   and   exercise  Public  officers. 

their  respective  offices  until  they  shall  be  superseded  by 

the  authority  of  the  state. 

Sec.  7.  All  officers  provided  for  in  this  constitution,  ^/^ejection 
including  a  county  clerk   for    each    county,  when  no 
other  time  is  fixed  for  their  election,  shall  be  elected  at 
the  election  to  be  held  for  the  adoption  of  this  consti- 
tution on  the  first  Tuesday  of  October,  1889. 

Sec.  8.  Whenever  the  judge  of  the  superior  court  of  ^fca'seT8" 
any  county,  elected  or  appointed  under  the  provisions 
of  this  constitution,  shall  have  qualified,  the  several 
causes  then  pending  in  the  district  court  of  the  terri- 
tory, except  such  causes  as  would  have  been  within 
the  exclusive  jurisdiction  of  the  United  States  District 
Court,  had  such  court  existed  at  the  time  of  the  com- 
mencement of  such  causes  within  such  county,  and  the 
records,  papers  and  proceedings  of  said  district  court, 
and  the  seal  and  other  property  pertaining  thereto, 
shall  pass  into  the  jurisdiction  and  possession  of  the 
superior  court  of  such  county.  And  where  the  judge 
is  elected  for  two  or  more  counties,  it  shall  be  the  duty 
of  the  clerk  of  the  district  court  having  custody  of  such 
papers  and  records  to  transmit  to  the  clerk  of  such 
county  or  counties,  other  than  that  in  which  such  rec- 
ords are  kept,  the  original  papers  in  all  cases  pending 
in  such  district  and  belonging  to  the  jurisdiction  of 
such  county  or  counties,  together  with  transcript  of  so 
much  of  the  records  of  said  district  court  as  relate -to 
the  same ;  and  until  the  district  courts  of  the  territory 
shall  be  superseded  in  manner  aforesaid,  the  said  dis- 
trict courts  and  the  judges  thereof  shall  continue  with 
the  same  jurisdiction  and  powers,  to  be  exercised  in  the 
same  judicial  districts,  respectively,  as  heretofore  con- 
stituted under  the  laws  of  the  territory.  Whenever  a 
quorum  of  the  judges  of  the  Supreme  Court  of  the  state 
shall  have  been  elected  and  qualified,  the  causes  then 
pending  in  the  Supreme  Court  of  the  territory,  except 
such  causes  as  would  have  been  within  the  exclusive 
jurisdiction  of  the  United  States  Circuit    Court,   had 


190  STATE  CONSTITUTION. 

such  court  existed  at  the  time  of  the  commencement  of 
such  causes,  and  the  papers,  records  and  proceedings 
of  said  court,  and  the  seal  and  other  property  pertain- 
ing thereto,  shall  pass  into  the  jurisdiction  and  posses- 
sion of  the  Supreme  Court  of  the  state,  and  until  so 
superseded,  the  Supreme  Court  of  the  territory  and  the 
judges  thereof  shall  continue  with  like  powers  and  jur- 
isdiction as  if  this  constitution  had  not  been  adopted, 
court  seals.  Sec.  9.    Until  otherwise  provided  by  law,  the  seal 

now  in  use  in  the  Supreme  Court  of  the  Territory  shall 
be  the  seal  of  the  Supreme  Court  of  the  State.  The 
seal  of  the  superior  courts  of  the  several  counties  of  the 
state  shall  be,  until  otherwise  provided  by  law,  the 
vignette    of    General    George    Washington,    with    the 

words:   "Seal  of  the  superior  court  of count}r," 

surrounding  the  vignette."  The  seal  of  municipali- 
ties, and  of  all  county  officers  of  the  territory,  shall  be 
the  seals  of  such  municipalities  and  county  officers,  re- 
spectively, under  the  state,  until  otherwise  provided  by 
law. 
Ss°ebsatoSeun  Sec-  10-  When  the  state  is  admitted  into  the  Union, 
toasuperior  and  the  superior  courts  in  their  respective  counties  or- 
ganized, the  books,  records,  papers  and  proceedings  of 
the  probate  court  in  each  county,  and  all  causes  and 
matters  of  administration  pending  therein,  shall,  upon 
the  expiration  of  the  term  of  office  of  the  probate  judges, 
on  the  second  Monday  in  January,  1891,  pass  into  the 
jurisdiction  and  possession  of  the  superior  court  of  the 
same  county  created  by  this  constitution,  and  the  said 
court  shall  proceed  to  final  judgment  or  decree,  order 
or  other  determination,  in  the  several  matters  and 
causes  as  the  territorial  probate  court  might  have  done 
if  this  constitution  had  not  been  adopted.  And  until 
the  expiration  of  the  term  of  office  of  the  probate 
judges,  such  probate  judges  shall  perform  the  duties 
now  imposed  upon  them  by  the  laws  of  the  territory. 
The  superior  courts  shall  have  appellate  and  revisory 
jurisdiction  over  the  decisions  of  the  probate  courts,  as 
now  provided  by  law,  until  such  latter  courts  expire  by 
limitation. 


STATE  CONSTITUTION.  191 

Sec.  1 L.  The  Legislature,  at  its  first  session,  shall 
provide  for  the  election  of  all  officers  whose  election  is 
not  provided  for  elsewhere  in  this  constitution,  and  fix 
the  time  for  commencement  and  duration  of  their  term. 

Sec.  12.  In  case  of  a  contest  of  election  between  affection. 
candidates,  at  the  first  general  election  under  this 
constitution,  for  judges  of  the  Superior  Courts,  the 
evidence  shall  be  taken  in  the  manner  prescribed  by 
the  territorial  laws,  and  the  testimony  so  taken  shall 
be  certified  to  the  Secretary  of  State;  and  said  officer, 
together  with  the  Governor  and  Treasurer  of  State, 
shall  review  the  evidence  and  determine  who  is  entitled 
to  the  certificate  of  election. 

Sec.  13.  One  representative  in  the  congress  of  the  Repre- 

1  sentative 

United  States  shall  be  elected  from  the  state  at  large, in  congress. 
at  the  first  election  provided  for  in  this  constitution ; 
and  thereafter  at  such  times  and  places  and  in  such 
manner  as  may  be  prescribed  by  law.  When  a  new 
apportionment  shall  be  made  by  congress,  the  Legis- 
lature shall  divide  the  state  into  congressional  districts, 
in  accordance  with  such  apportionment.  The  vote  cast 
for  representative  in  congress,  at  the  first  election,  shall 
be  canvassed  and  the  result  determined  in  the  manner 
provided  for  by  the  laws  of  the  territory  for  the  canvass 
of  the  vote  for  delegate  in  congress. 

Sec.  14.    All   district,  county  and  precinct  officers,  District. 

'  •/  ■!•  '  county  and 

who  may  be  in  office  at  the  time  of  the  adoption  of  p^^*  hold 
this  constitution,  and  the  county  clerk  of  each  county  omce untl1 189L 
elected  at  the  first  election,  shall  hold  their  respective 
offices  until  the  second  Monday  of  January,  A.  D.  1891, 
and  until  such  time  as  their  successors  may  be  elected 
and  qualified,  in  accordance  with  the  provisions  of  this 
constitution ;  and  the  official  bonds  of  all  such  officers 
shall  continue  in  full  force  and  effect  as  though  this 
constitution  had  not  been  adopted.  And  such  officers 
shall  continue  to  receive  the  compensation  now  pro- 
vided until  the  same  be  changed  by  law. 

Sec.  15.  The  election  held  at  the  time  of  the  adop-  Ejection  to 

r    adopt  consti- 

tion  of  this  constitution  shall  be  held  and  conducted  in  conducuT 


192 


STATE   CONSTITUTION. 


State  constitu- 
tion in  effect, 
when. 


Separate 

articles 
submitted. 


Female 
suffrage. 


Prohibition 
article. 


Form  of  ballot 


all  respects  according  to  the  laws  of  the  territory,  and 
the  votes  cast  at  said  election  for  all  officers  (where  no 
other  provisions  are  made  in  this  constitution),  and 
for  the  adoption  of  this  constitution  and  the  several 
separate  articles,  and  the  location  of  the  state  capital, 
shall  be  canvassed  and  returned  in  the  several  counties 
in  the  manner  provided  by  territorial  law,  and  shall  be 
returned  to  the  Secretary  of  the  Territory  in  the 
manner  provided  by  the  enabling  act. 

Sec.  16.  The  provisions  of  this  constitution  shall  be 
in  force  from  the  day  on  which  the  president  of  the 
United  States  shall  issue  his  proclamation  declaring 
the  State  of  Washington  admitted  into  the  Union,  and 
the  terms  of  all  officers  elected  at  the  first  election  under 
the  provisions  of  this  constitution  shall  commence  on 
the  Monday  next  succeeding  the  issue  of  said  procla- 
mation, unless  otherwise  provided  herein. 

Sec.  17.  The  following  separate  articles  shall  be  sub- 
mitted to  the  people  for  adoption  or  rejection  at  the 
election  for  the  adoption  of  this  constitution :  Separate 
article  No.  1.  "All  persons,  male  and  female,  of  the  age 
of  21  years,  or  over,  possessing  the  qualifications,  pro- 
vided by  this  constitution,  shall  be  entitled  to  vote  at 
all  elections."  Separate  article  No.  2.  "It  shall  not  be 
lawful  for  any  individual,  company  or  corporation, 
within  the  limits  of  this  state,  to  manufacture,  or  cause 
to  be  manufactured,  or  to  sell,  or  offer  for  sale,  or  in 
any  manner  dispose  of,  any  alcoholic,  malt  or  spirituous 
liquors,  except  for  medicinal,  sacramental  or  scientific 
purposes."  If  a  majority  of  the  ballots  cast  at  said 
election  on  said  separate  articles  be  in  favor  of  the 
adoption  of  either  of  said  separate  articles,  then  such 
separate  articles  so  receiving  a  majority  shall  become 
a  part  of  this  constitution  and  shall  govern  and  con- 
trol any  provision  of  the  constitution  in  conflict  there- 
with. 

Sec.  18.  The  form  of  ballot  to  be  used  in  voting  for 
or  against  this  constitution,  or  for  or  against  the  separate 


STATE  CONSTITUTION.  193 

articles,  or  for  the  permanent  location  of  the  seat  of 
government,  shall  be : 
1»  For  the  Constitution. 
Against  the  Constitution. 

2.  For  Woman  Suffrage  Article. 
Against  Woman  Suffrage  Article. 

3.  For  Prohibition  Article. 
Against  Prohibition  Article. 

4.  For  the  permanent  location  of  the  seat  of  Govern- 
ment.    [Name  of  place  voted  for.] 

Sec.  19.  The  Legislature  is  hereby  authorized  to  ap-  t^fl^1™ 
propriate  from  the  state  treasury  sufficient  money  to  pay deflciency' 
pay  any  of  the  expenses  of  this  convention  not  provided 
for  by  the  enabling  act  of  congress. 

CERTIFICATE. 

We,  the  undersigned,  members  of  the  convention  to 
form  a  constitution  for  the  State  of  Washington,  which 
is  to  be  submitted  to  the  people  for  their  adoption  or 
rejection,  do  hereby  declare  this  to  be  the  constitution 
formed  by  us,  and  in  testimony  thereof,  do  hereunto 
set  our  hands,  this  twenty-second  day  of  August,  anno 
domini,  one  thousand  eight  hundred   and  eighty-nine. 

JOHN  P.  HOYT,  President.  FRANCIS  HENRY, 

J.  J.  BROWNE.  GEORGIA  COMEGYS, 

N.  G.  BLALOCK.  OLIVER  H.  JOY. 

JOHN  F.  GOWEY,  DAVID  E    DURIE, 

FRANK  M.  DALLAM,  D.  BUCHANAN, 

JAMES  Z.   MOORE,  JOHN  R.  KINNEAR, 

E.  H.  SULLIVAN.  GEORGE  W.  TIBBETTS, 

GEORGE  TURNER,  H.  W.  FAIRWEATHER. 

AUSTIN  MIRES,  THOMAS  C.  GRIFFITTS, 

M.  M    GODMAN,  C.  H.  WARNER, 

GWIN  HICKS.  J.  P.  T.  McCROSKEY, 

WM.  F.  PROSSER,  S.  G.  COSGROVE, 

LOUIS  SOHNS,  THOS.  HAYTON, 

A.  A.  LINDSLEY,  SAM'L  H.  BERRY, 
J.  J.  WEISENBURGER,  D.  J.   CROWLEY. 
P.  C.  SULLIVAN,  J.  T.  MCDONALD, 
R.  S.  MORE,  JOHN  M.  REED. 
THOMAS  T.  MINOR,  EDWARD  ELDRIDGE, 
J.  J.  TRAVIS.  GEO.  H.  STEVENSON, 
ARNOLD  J.   WEST,  SILVIUS    A.  DICKEY, 
CHARLES   T.  FAY,  HENRY  WINSOR, 
CHARLES  P.  COEY,  THEODORE  L.  STILES. 
ROBT  F.  STURDEVANT,  JAMES  A.  BURK, 
JOHN  A.  SHOUDY,  JOHN  McREAVY, 
ALLEN   WEIR,  R.  O.  DUNBAR. 

W.  B.  GRAY,  MORGAN  MORGANS, 

TRUSTEN  P.   DYER,  J  AS.  POWER. 

GEO.  H.  JONES,  B.  B.  GLASCOCK. 

B.  L.    SHARPSTEIN,  O.  A.  BOWEN, 

H.    M.    1. 1  LLIS.  HARRISON  CLOTHIER, 

J.    P.   VAN  NAME,  MATT  J.  MrELROY, 

ALBERT  SCHOOLEY,  J.  T.  ESHELMAN, 

H.  C.  WILLISON,  ROBERT  JAMIKSON. 

T.  M.  REED.  HIRAM  E.  ALLEN, 

S.   H.  MANLY.  H.  F.  SUKSDORF, 

RICHARD  JEFFS.  J.  O.  KELLOGG. 

Attest : 

JNO.  I.  BOOGE,  Chief  Clerk. 

—13 


195 


RULES  AND  REGULATIONS,  BY  THE  STATE  BOARD  OF 

EDUCATION. 


Authorized  by  the  Code  of  Public  Instruction,  section  27  :  "The  said  board 
shall  have  power — Second,  to  prepare  a  course  or  courses  of  study  for  the 
primary,  grammar  and  high  school  departments  of  the  common  schools,  and 
to  prescribe  such  rules  for  the  general  government  of  the  common  schools  as 
shall  secure  regularity  of  attendance,  prevent  truancy,  secure  efficiency  and 
promote  the  true  interests  of  the  common  schools." 

TEACHERS. 
RULE  I. 
The  teachers  in  the  public  schools  of  this  state  shall  follow  the  prescribed 
course  of  study,  and  enforce  the  rules  and  regulations  of   the  board  of   educa- 
tion ;  shall  keep  records,  use  blanks  and  render  reports  according  to  instruc- 
tions. 

RULE  II. 

Teachers  shall  be  held  responsible  for  the  care  of  all  school  property  en- 
trusted to  them  ;  shall  frequently  inspect  the  same,  and  promptly  report  to 
the  district  clerk  any  damage  it  may  have  received. 

RULE  III. 
Teachers  shall  prepare  a  program  of  daily  exercises,  a  copy  of  which  shall 
be  posted  in  a  conspicuous  place  in  the  school  room. 

RULE    IV. 

Teachers  shall  exercise  watchful  care  over  the  conduct  and  habits  of  the 
pupils  while  under  their  jurisdiction. 

RULE  V. 

Teachers  shall  maintain  strict  order  and  discipline  in  their  schools  at  all 
times.  Any  neglect  of  this  requirement  will  be  considered  good  cause  for  dis- 
missal. Corporal  punishment  may  be  resorted  to  when  it  becomes  necessary 
to  the  preservation  of  proper  discipline.  No  cruel  punishment  shall  be  inflicted; 
and  no  teacher  shall  administer  punishment  on  or  about  the  head  of  any  pupil. 

RULE   VI. 
In  any  case  of  misconduct  or  insubordination,  when   the  teacher  deems  it 
necessary  for  the  good  of  the  school,  he  may  suspend  a  pupil,  and  shall  imme- 
diately notify  the  directors  of  the  district  thereof  for  further  action. 

RULE   VII. 

Every  public  school  teacher  shall  give  vigilant  attention  to  the  temperature 
and  ventilation  of  the  school  room,  and  shall  see  that  the  doors  and  windows 
are  open  at  each  intermission,  for  the  purpose  of  changing  the  atmosphere  of 
the  room. 

RULE  VIII. 

Teachers  shall  have  the  right,  and  it  shall  be  their  duty,  to  direct  and  con- 
trol within  reasonable  limits  the  studies  of  their  pupils  :  Provided,  That  all 
pupils  shall  receive  instruction  in  the  branches  included  in  the  prescribed 
course  of  study. 


196  RULES  AND   REGULATIONS. 

RULE  IX. 

The  use  of  tobacco  in  any  form  or  place  by  a  teacher  is  discountenanced, 
and  the  use  of  alcoholic  stimulants  in  any  form  or  place,  as  a  beverage,  is  pro- 
hibited. The  use  of  tobacco  or  any  other  narcotic  on  the  school  premises  by 
a  teacher  shall  work  a  forfeiture  of  his  certificate. 

rule  x. 
At  the  close  of  every  term  of  school  the  teacher  shall  thoroughly  examine 
his  pupils  in  the  studies  of  the  term,  using-  written  questions  and  requiring 
written  answers  whenever  practicable,  and  the  standing  of  each  pupil  in  the 
examination  shall  be  noted  accurately  upon  the  school  register.  A  report  of 
the  examination  and  standing  of  the  pupils  shall  be  forwarded  to  the  county 
superintendent. 

RULE  XI. 

Teachers  shall  require  excuses  from  the  parents  or  guardians  of  pupils, 
either  in  person  or  by  written  note,  in  all  cases  of  absence,  tardiness  or  dis- 
missal before  the  close  of  school,  and  no  excuse  shall  be  deemed  valid  except 
that  of  sickness  or  necessary  employment.  The  teacher  shall  be  the  judge  of 
the  sufficiency  of  excuses,  subject  to  an  appeal  to  the  directors. 

RULE  XII. 

Whenever  the  unexcused  absences  of  any  pupil  during  any  term  shall  amount 
in  the  aggregate  to  five  days,  he  shall  be  reported  to  the  directors,  and  the 
teacher  shall  suspend  him  until  the  opinion  of  the  directors  shall  be  given. 
For  this  purpose  an  unexcused  tardiness  or  unexcused  absence  for  half  a  day 
or  less  shall  be  deemed  a  half  day's  absence;  and  any  unexcused  absence  for 
more  than  half  a  day  at  one  time  shall  be  reckoned  as  an  absence  for  a  whole 
day. 

RULE  XIII. 

In  all  public  schools  in  this  state  the  teachers  shall  require  of  their  pupils 
regular  exercises  in  composition  and  declamation.  In  the  preparation  of  pro- 
grams for  rhetoricals,  teachers  shall  use  every  effort  to  secure  selections  of  a 
high  literary  character,  and  to  make  the  work  truly  educational, 

PUPILS. 
RULE  xrv. 
Every  pupil  shall  be  punctual  and  regular  in  attendance,  obedient  to  all 
rules  of  the  school,  diligent  in  study,  respectful  and  obedient  to  teachers,  and 
kind  and  obliging  to  schoolmates. 

RULE   XV. 

Willful  disobedience,  habitual  truancy,  vulgarity  or  profanity,  the  use  of 
tobacco  on  or  about  the  school  premises,  stealing,  the  carrying  of  deadly 
weapons,  the  carrying  or  using  of  dangerous  playthings,  shall  constitute  good 
cause  for  suspension  or  expulsion  from  school. 

RULE  XVI. 

As  soon  as  dismissed,  pupils  shall  leave  the  school  premises  and  go  directly 
to  their  homes.  Loitering  on  the  way  to  and  from  school  is  positively  for- 
bidden. 

RULE    XVII. 

Pupils  shall  give  attention  to  personal  neatness  and  cleanliness,  and  any 
who  repeatedly  fail  in  this  respect  may  be  sent  home  to  be  prepared  properly 
for  school. 


197 


SYNOPSIS  OF  OFFICIAL  OPINIONS  AND  RULINGS 
ON  QUESTIONS  OF  SCHOOL  LAW,  IN  FORCE 
UNDER  THE  CODE  OF  PUBLIC  INSTRUCTION. 


BY  ATTORNEY  GENERAL. 

1.  Any  person  who  is  actually  the  head  of  a  family;  that  is,  who  Se°s-  4  and  5 
is  under  legal  obligation  to  provide  for  the  support  and  education 

of  persons  dependent  upon  him,  and  who  is  in  fact  providing  for 
their  education  and  support,  is  the  head  of  a  family  for  the  pur- 
pose of  signing  petitions  relating  to  school  matters,  whether  he  is 
a  legal  voter  or  not.  Any  person  who  is  not  the  head  of  a  family 
within  the  definition  given  above  is  not  qualified  to  sign  such  pe- 
tition, though  he  be  a  legal  voter. — Jones,  Nov.  3,  1891. 

2.  When  a  petition  is  presented  to  a  county  superintendent  Sees.  4  and  5. 
praying  for  the  organization  of   a  new  school   district,  he  may, 

after  he  has  heard  all  the  evidence  presented  by  the  parties  inter- 
ested, exercise  his  judgment,  within  reasonable  limits,  in  the  or- 
ganization of  such  new  district  and  the  fixing  of  its  boundaries, 
and  in  so  doing,  he  may  correct  any  mistakes  that  may  have  been 
made  in  the  description  given  in  the  petition,  and  in  a  proper 
case  modify  the  boundaries  described  therein. — Jones. 

3.  A  person  can  not  legally  hold  the  office  of  school  district  di-  Sem33-lffch 
rector  and  that  of  school  district  clerk  at  one  and  the  same  time. 
—Jones,  Aug.  23,  1892. 

4.  Children  of  school  age,  residing  upon  military  reservations  Sei;'r)4'-\, 
lying  within  any  school  district,  constitute  a  legitimate  portion  of 

the  school  population  of  the  district  and  should  be  enumerated  as 
other  children  are. —  Jones. 

5.  If  a  teacher  is  a  near  relative  of  a  member  of  the  school  dis-  -Sec  51- 
trict  board,  he  is  not  by  reason  of  such  relationship  alone,  ren- 
dered ineligible  to  election  as  a  teacher  in  a  school  under  the 
management  of  such  board  of  directors. — Jones. 

6.  When  cities,  in  extending  their  limits,  take  in  other  dis-  Sec.  72. 
tricts  or  parts  of  districts,  and  in  so  doing  take  in  a  part  or  all  of 

the  school  district  officers  of  such  included  school  districts,  the 
officers  so  taken  into  the  city  district  do  not  become  a  part  of  the 
board  of  directors  of  the  city  districts  so  extending  their  limits. — 
JONES,  Aug.  22,  1890. 

7.  The  stated  reading  of  the  Bible  in  the  public  schools  of  this  Sec-  no- 
state  is  a  religious  exercise  within  the  meaning  of  the  constitu- 
tion, and  as  such  is  thereby  prohibited  in  section  11,  article  1  of 

that  document. — Jones,  Sept.  19,  1891. 

8.  County  superintendents  can  be  compelled  by  mandamus  to 
furnish  to  the  Superintendent  of  Public  Instruction  all  informa- 
tion specifically  required  by  law,  and  such  other  information  as 
the  Superintendent  of  Public  Instruction  may  desire  in  the  admin- 
istration of  his  office,  such  information  to  be  of  such  a  character  as 


198  OPINIONS  AND  RULINGS. 

the  county  superintendent  possesses  or  as  he  can  reasonably  ob- 
tain. For  a  persistent  refusal  to  furnish  such  information,  he  may 
be  removed  from  his  office.  In  turn,  school  district  clerks  may  be 
compelled  by  mandamus  to  furnish  to  the  county  superintendent 
all  information  required  by  law,  and  for  a  persistent  refusal  to  do 
so,  they  may  be  removed  from  office. — Winston,  Aug.  18,  1899. 

9.  The  practice  of  tending  bar  during  vacation  time  is  sufficient 
cause,  if  proven,  to  justify  the  revocation  of  a  teacher's  certifi- 
cate.— Winston,  Aug.  24,  1900. 

10.  A  union  high  school  district  cannot  be  formed  by  the  union 
of  school  districts  lying  in  different  counties. — Stratton,  Jan.  30, 
1901. 

11.  In  case  a  school  is  closed  by  order  of  the  board  of  directors, 
because  of  the  prevalence  of  a  contagious  disease  in  the  district, 
the  teacher  is  entitled  to  his  wages  during  the  time  the  school  is 
so  closed,  and  he  cannot  be  required  to  make  up  the  time  lost  by 
the  closing  of  the  school,  unless  it  is  so  stipulated  in  his  contract 
with  the  directors.— Stratton,  March  1,  1901. 

12.  In  case  of  the  formation  of  a  new  school  district  by  the  divis- 
ion of  an  old  district  or  districts,  the  basis  of  the  division  of  the 
funds  of  the  old  district  or  districts  should  be  the  ratio  of  the 
number  of  school  children  in  each  district  at  the  time  of  the  for- 
maliofi  of  the  new  district. — Stratton,  March  22,  1901. 

DECISIONS   BY   STATE   SUPERINTENDENT. 

1.  The  powers  and  duties  of  a  county  superintendent  of  common 
5, 6, 12, 14, 30-38.  schools,  under  the  law,  are  mainly  executive  and  supervisory.  He 
has,  in  addition,  limited  judiciary  power  in  cases  of  hearing  peti- 
tions and  appeals;  but  in  the  exercise  of  this  power  he  should  not 
lay  aside  his  executive  and  supervisory  functions  and  assume  the 
attitude  of  a  judge  in  a  case  at  law,  leaving  to  the  parties  inter- 
ested the  entire  burden  of  conducting  the  investigation.  He 
should,  on  the  contrary,  exercise  his  other  official  powers  to  the 
extent  necessary  to  enable  him  to  investigate  thoroughly  the  mat- 
ter before  him,  elicit  all  necessary  testimony,  and  thus  have  at 
hand  the  data  upon  which  he  will  be  able  to  render  the  just  and 
equitable  decision  required  of  him  by  law. 

Sec.  175.  2.  When   the  officers   of  a  new  school    district   have  been  ap- 

pointed, and  have  qualified  according  to  law,  the  new  district  is 
fully  organized  and  possesses  all  the  powers  of  any  other  school 
district,  though  by  a  failure  to  have  the  required  amount  of  school 
within  one  year  it  may  forfeit  its  organization  and  cease  to  exist 
as  a  corporation. 

Sec.  33.  3.  The  terms  of  office  of  all  the  first  officers  of  a  new  school  dis- 

Twelfth.  trict  expjre  at  the  time  0f  the  first  annual  election  succeeding  its 
organization,  whether  those  officers  were  appointed  by  the  county 
superintendent  or  hold  their  positions  by  virtue  of  a  previous  elec- 
tion in  the  old  district  or  districts  from  which  the  new  district 
was  taken.     They  are  only  temporary  officers  in  either  case. 


OPINIONS  AND  RULINGS.  199 

4.  For  the  purpose  of  visitation  by  the  county  superintendent,  Seg||ond 
the  term  "school"  is  construed  to  mean  a  department  or  room — a 
distinct  collection  of  pupils  under  the  supervision   or  instruction 

of  a  teacher,  though  that  department,  room  or  collection,  may  be 
but  a  part  of  the  system  or  systems  of  schools  of  a  city  or  town. 
Any  other  interpretation  of  the  term  would  defeat  the  primary 
object  of  the  law. 

5.  The  successors  of  all  school  district  officers  appointed  by  the  Se%4eifth 
county  superintendent,  should  be  elected  at  the  next  annual  school 
election  succeeding  their  appointment. 

6.  In  case  a  school  district  should  fail  to  elect  officers  at  the 
time  and  in  the  manner  prescribed  by  law,  the  officer's  whose 
terms  of  office  expire  at  the  time  of  such  election  should  have 

taken  place,  do  not  of  right  hold  over,  or  continue  in  office  until  Secs- 33- 39' 48- 
the  next  or  some  subsequent  annual  election.  This  opinion  is 
based  upon  the  fact  that  school  district  officers,  by  failing  to  order 
the  annual  election  to  be  held,  at  which  all  school  district  officers 
must  be  elected,  might  continue  themselves  in  office  perpetually, 
by  giving  no  opportunity  for  the  electors  to  express  their  will  as 
to  whom  they  desire  as  the  officers  of  their  district.  In  such  cases 
the  county  superintendent  should,  upon  a  petition,  declare  such 
offices  vacant,  and  should  appoint  other  officers  to  fill  the  vacan- 
cies, in  accordance  with  the  wishes  of  the  electors  of  the  district. 
If,  however,  no  protest  is  made  by  the  people  of  the  district,  the 
old  officers  may  be  allowed  to  continue  in  office,  and  their  acts  will 
be  perfectly  legal.     They  are  at  least,  officers  de  facto. 

7.  A  board  of  directors  cannot  dismiss  a  teacher  simply  because  Se  p??gt 
the  teacher  is  unpopular,  or  does  not  give  general  satisfaction. 
They  must  first  establish  the  fact  that  he  is  incompetent,  or  that 

he  has  violated  the  law  or  the  terms  of  his  contract.  Neither  can 
boards  of  directors  make  contracts  that  are  not  in  accordance  with 
law. 

8.  The  spirit  of  the  code  is  that  school  houses  shall  be  used  for  Sec.  40. 

-,,,..-,.,  ,,  ->  ■■_        Eleventh. 

public  school  purposes,  and  all  incidental  uses  must  be  under  such 

restrictions  as  to  result  in  no  injury  to  the  school  or  to  the  school 

property. 

9.  Boards  of    directors  and  other  school  officers  possess  such  Sec.  40. 
powers  as  are  specifically  delegated  to  them  by  law,  and  such 
other  implied  powers  as  are  necessary  in  order  to  transact  all  bus- 
iness specifically  prescribed  by  law.     In  other  words,  their  powers 

are  ministerial,  not  plenary. 

10.  It  is  the  duty  of  boards  of  directors  to  make  all  necessary  Sec. 43. 
rules  and  regulations  for  the  systematic  transaction  of  their  official 
business,  and  to  transact  all  business  as  a  board,  at  board  meetings. 

11.  In  the  absence  of  any  by-law  of  the  board  prescribing  the  sec.  13. 
manner  of  calling  them,  special  meetings  of  the  board  of  directors 

may  be  called  by  the  chairman,  or  by  a  majority  of  the  board. 

12.  A  board  of  directors  cannot  legally  employ  a  minor  child  of  Sec.  15. 
one  of  the  directors  to  perform  services  for  the  district  unless  such 
child  has  been  first  emancipated  by  its  parent.     Unless  the  child 


200 


OPINIONS  AND  RULINGS. 


Sec.  49. 
Third. 


Sec.  49. 
Fifth. 


Sec.  64. 


Sec.  99. 
Sec.  148. 


Sec.  112. 


Sec.  146. 


Sees.  53,  54, 
57,  58. 


has  been  emancipated,  the  parent  may  lawfully  claim  its  .wages, 
and  thus  the  director  would  be  placed  in  the  attitude  of  auditor  of 
his  own  accounts  against  the  district. 

13.  All  persons  between  the  ages  of  five  and  twenty-one  years, 
whether  married  or  single,  residing  in  any  school  district  on  the 
first  day  of  June,  should  be  enumerated  by  the  school  district  clerk. 
The  simple  fact  that  a  person  is  married  does  not  debar  him  or  her 
from  the  privileges  of  the  common  school  in  this  state,  under  ex- 
isting laws. 

14.  The  notice  to  be  given  by  the  school  district  clerk,  of  all 
meetings  of  the  board  of  directors,  is  not  a  notice  to  the  public, 
but  simply  a  notice  to  the  members  of  the  board.  A  failure  to 
give  the  required  notice  does  not,  of  itself,  invalidate  the  meeting, 
provided  all  members  of  the  board  actually  attend  the  meeting 
and  participate  in  its  transactions. 

15.  It  is  the  duty  of  the  directors  to  provide  for  and  maintain  a 
public  school  in  the  district,  open  to  all  children  of  school  age  re- 
siding therein,  but  they  have  no  power  to  apply  the  public  school 
money  to  the  maintenance  of  any  private  school,  for  the  benefit  of 
individual  pupils  of  the  district. 

16.  A  teacher  does  not  forfeit  his  certificate  by  non-attendance  at 
a  teachers'  institute,  but  simply  renders  it  forfeitable 'in  case  he  has 
not  a  valid  excuse  for  non-attendance.  In  other  words,  &  forfeiture 
does  not  and  cannot  exist  until  a  declaration  of  the  forfeiture  has 
been  made  by  the  proper  authority. 

17.  That  provision  of  the  school  law  which  requires  the  school 
district  clerk  to  certify  to  the  county  auditor  the  levy  of  special 
taxes  on  or  before  the  first  day  of  September  of  the  year  in  which 
the  levy  is  ordered  to  be  made,  is  not  mandatory  in  regard  to  the 
time  of  making  the  certificate.  That  is  to  say,  a  failure  to  make 
the  certificate  on  or  before  the  first  day  of  September  does  not  in- 
validate the  levy.  The  county  auditor  may  lawfully  receive  the 
certificate  and  enter  the  levy  upon  his  books  at  any  time  prior  to 
closing  them.  But  a  special  tax  levied  one  year  cannot  be  certified 
and  entered  upon  the  auditor's  books  the  next  year.  Any  special 
levy  is  based  upon  the  assessment  of  the  year  in  which  it  is  made, 
and  it  cannot  consistently  be  based  upon  the  assessment  of  one 
year  and  collected  upon  the  assessment  of  another. 

18.  The  law  requiring  a  county  superintendent  to  grant  tempo- 
rary certificates  under  certain  conditions  is  mandatory,  provided 
that  the  conditions  contemplated  by  the  law  are  complied  with  ; 
and  the  certificate  in  lieu  of  which  the  temporary  certificate  is 
granted,  or  upon  which  the  application  is  based,  need  not  be  a 
certificate  which  is  in  full  force  and  effect  at  the  time  the  applica- 
tion is  made. 

19.  A  contract  to  teach  does  not,  either  directly  or  by  implica- 
tion, include  the  doing  of  janitor  work  by  the  teacher  ;  and  unless 
a  contract  to  teach  specifically  states  that  the  teacher  is  to  per- 
form that  service,  the  directors  must  provide  some  person  other 
than  the  teacher  to  perform  duties  of  janitor  for  the  school. 


201 


FORMS  FOR  USE  OF  SCHOOL  OFFICERS  AND  TEACHERS. 


Form  No.  1. 


County  Superintendent's  Annual  Report  to  State  Superintendent  of  Public 

Instruction. 
Not  printed  with  laws.] 


Form  No.  2. 

Petition  to  County  Superintendent,  Praying-  for  Formation  of  a  New  School 

District. 

To  the  Superintendent  of  Common  Schools, County,  Washington  : 

We,  the  undersigned,  being  heads  of  families  and  lawful  petitioners  for  the  purpose  herein 
set  forth,  do  hereby  petition  you  to  form  a  school  district  in  the  county  of State  of  Wash- 
ington, with  the  following  boundaries,  viz.  :  [  Here  describe  boundaries.]  Our  reasons  for 
asking  for  the  formation  of  the  above  described  district  are  as  follows,  viz.  :  [  Here  give 
reasons.]  Following  is  a  correct  list  of  the  names  of  children  of  school  age  residing  within  the 
limits  of  the  proposed  district,  viz.  :   [  Here  insert  the  names  of  children  of  school  age.] 


Signed. 


Signed. 


Dated  this day  of 190... 

Remarks. — This  petition  must  be  signed  by  at  least  five  heads  of  families,  who  are  bona  fid* 
residents  of  the  proposed  district. 


Form  No.  3. 

Petition  to  County  Superintendent,  Praying-  for  Alteration  of  Boundaries  of 

School  District. 

To  the  Superintendent  of  Common  Schools, County,  Washington  : 

We,  the  undersigned,  being  heads  of  families  and  lawful  petitioners  for  the  purpose  herein 

set  forth,  do  hereby  petition  you  to  change  the  boundaries  of  School  Districts  Nos ,  of 

county,  Washington,  as  follows,  viz.  :  [Here  desci'ibe  change  desired.  |  Our  reasons  for  desir- 
ing said  change  of  boundaries  are  as  follows,  viz  :  [  Here  give  reasons.  |  Following  is  a  correc- 
list  of  the  names  of  children  of  school  age  residing  in  the  territory  which  it  is  desired  to  have 
transferred  :     [Here  give  list  of  names.] 


Signed. 

Signed. 



Dated  this day  of. 


190.. 


202  FORMS. 

Form  No.  4. 

Notice  of  Meeting  to  Investigate  a  Petition  for  the  Formation  of  a  School 

District. 

Notice  is  hereby  given  that  a  meeting  will  be  held  at on  the day  of ,  190. . ,  at 

the  hour  of  . .  o'clock  . .  m.,  for  the  purpose  of  investigating  a  petition  which  was  filed  in  my 
office  on  the day  of ,  190. .,  praying  for  the  formation  of  a  school  district,  with  the  fol- 
lowing boundaries,  viz. : 


And  all  parties  are  hereby  notified  that  a  full  and  fair  investigation  will  be  made  at  the  time 
and  place  above  stated  of  all  matters  pertaining  to  the  formation  of  the  above  described  school 
district,  and  if  it  shall  be  deemed  advisable,  the  petition  will  be  granted  and  the  school  district 
formed  as  prayed  for. 

Dated  this  ....  day  of ,  190. .. 

(Signed)  , 

Supt.  of  Com.  Schools,    County,  Washington. 

The  above  notice  is  posted  by this day  of ,  190. . . 

Remarks.— Twenty  days  notice  must  be  given.    See  Code  of  Public  Instruction,  section  4. 


Form  No.  5. 

Notice  of  Meeting  to  Investigate  a  Petition  for  the  Alteration  of  School 
District  Boundaries. 

Notice  is  hereby  given  that  a  meeting  will  be  held  at on  the  —  day  of ,  190. .,  at 

the  hour  of  ..  o'clock  . .  m.,  for  the  purpose  of  investigating  a  petition  which  was  filed  in  my 

office  on  the day  of 190..,  praying  for  changes  in  the  boundaries  of  School  Districts 

Nos and in  the  county  of ,  State  of  Washington,  as  follows,  viz. : 


And  all  parties  are  hereby  notified  that  a  full  and  fair  investigation  will  be  made  at  the  time 
and  place  above  stated  of  all  matters  pertaining  to  said  change  of  boundaries,  and  that  if  it  shall 
be  deemed  advisable,  the  petition  will  be  granted  and  the  changes  made  as  above  described. 

Dated  this day  of ,  190. . . 

(Signed)  , 

Supt.  of  Com.  Schools County,  Washington. 

The  above  notice  is  posted  by ,  this day  of ,  190... 

Remarks.— Twenty  days  notice  must  be  given.    See  section  5,  Code  of  Public  Instruction. 


Form  No.  6. 

Certificate  of  Formation  of  School  District. 

To  the  Board  of  Commissioners  of County,  Washington: 

I, ,  superintendent  of  common  schools  in  and  for county,  State  of  Wash- 
ington, do  hereby  certify  that  on  the day  of ,  190 ...  I  did,  in  accordance  with  law,  form 

a  school  district  in  said  county,  and  designate  it  "  School  District  No.   .., county,  Wash- 
ington," and  prescribe  for  it  the  following  boundaries,  viz. : 

Witness  my  hand  at  my  office  this day  of ,  190. .. 

Supt.  of  Com.  Schools  of County,  Washington. 


FORMS.  203 

Form  No.  7. 

Certificate  of  Alteration  of  School  District  Boundaries. 

To  the  Board  of  Commissioners  of  County,  Washington: 

I, superintendent  of  common  schools  in  and  for county.  State  of  Wash- 
ington, do  hereby  certify,  that  on  the day  of ,  190..,  I  did,  in  accordance  with  law, 

change  tbe  boundaries  of  School  Districts  Nos and of  said  county,  as  follows,  viz. : 

Witness  my  hand  at  my  office  this day  of ,  190... 

Supt.  of  Com.  Schools County,  Washington. 


Form  No.  8. 

County  Superintendent's  Order  Forming  a  School  District. 

Whereas,  In  compliance  with  a  petition  praying  for  the  formation  of  a  school  district  in 

the  county  of State  of  Washington,  which  petition  was  filed  in  my  office  on  the day 

of ,  190. .,  a  meeting  to  investigate  all  matters  pertaining  thereunto  was  held  at on 

the day  of ,  190. .,  of  which  meeting  due  notice  was  given  as  required  by  law,  and  it 

appearing  from  said  investigation  that  the  prayer  of  the  petitioners  should  be  granted: 

Now,  therefore,  I, ,  superintendent  of  common  schools  in  and  for  said  county,  do 

hereby  constitute  and  form  said  school  district  and  designate  it  "School  District  No , 

county,  Washington,"  and  prescribe  for  it  the  following  boundaries,  viz. : 


And  all  persons  affected  by  this  action  are  hereby  notified,  that  unless  an  appeal  from  this 
action  be  taken,  as  provided  bylaw,  this  action  will  be  final;  that  it  will  be  certified  to  the 
county  commissioners  at  their  next  regular  meeting,  and  that  the  officers  of  the  district  will  be 
appointed  as  provided  by  law. 

Dated  this day  of ,  190. . . 

(Signed)  

Supt.  of  Com.  Schools, County,  Washington. 

Remarks.— Three  of  the  above  notices  should  be  posted  in  the  new  district,  and  all  except 
the  notice  following  the  description  of  the  boundaries  should  be  entered  in  the  superintendent's 
record  book,  together  with  action  of  county  commissioners  in  case  of  an  appeal,  after  final  action 
is  completed. 


Form  No.  9. 

County  Superintendent's  Order  Changing  School  District  Boundaries. 

Whereas,  In  compliance  with  a  petition  praying  for  the  alteration  of  boundaries  of  School 

Districts  Nos and in county.  State  of  Washington,  which  petition  was  filed  in  my 

office  on  the day  of  190  ,  a  meeting  to  investigate  all  matters  pertaining  thereunto 

was  held  at ,  on  the day  of ,  190. ,  of  which  meeting  due  notice  was  given  as  re- 
quired by  law;  and  it  appearing  from  said  investigation  that  the  prayer  of  the  petitioners  should 
be  granted; 

.Ye"  ,  therefore,  I superintendent  of  common  schools  in  and  for  said  county,  do 

hereby  grant  said  petition  and  transfer  the  territory  hereinafter  described  from  School  District 
No to  School  District  No ,  as  follows,  viz. : 


204 


FORMS. 


And  all  persons  affected  by  this  action  are  hereby  notified,  that  unless  an  appeal  shall  be 
taken  as  provided  by  law,  this  action  will  be  final,  and  that  it  will  be  certified  to  the  board  of 
county  commissioners  at  their  next  regular  meeting. 

Dated  this day  of 190... 


Supt.  of  Com.  Schools County,  Washington. 

Remarks. — At  least  one  copy  of  this  notice  should  be  posted  in  each  district  affected  by  the 
change,  and  a  record  of  the  change  should  be  made  in  the  superintendent's  office. 


Form  No  10. 

Report  of  Teachers'  Institute, County,  Washington. 

Institute  convened  at on  the  —  day  of ,  190 . . .    Conductor, of 

instructors, ,  ,  No.  of  days  institute  was  in  session, :  No.  of  teachers  en- 
rolled,   :  total  expense  of  institute  paid  by  county,  $ 

SCHEDULE  OF  ATTENDANCE. 


Names. 

Postofflce  addresses. 

No.  days 
attendance. 

No.  of  months' 

or  years''  experience 

had  as  a  teacher. 

Dated  this. ...day  of ,  190...  , 

County  Superintendent. 
Remarks.— This  report  is  required  to  be  made  within  fifteen  days  after  the  close  of  the 
institute. 


Form  No.  11. 

Certificate  of  County  Treasurer  to  County  Superintendent  Showing  the 
Amount  of  Funds  on  Hand  to  be  Apportioned. 
To Superintendent  of  Common  Schools,  County,  Washington  : 

I  hereby  certify  that  the  amount  of  school  funds  now  in  my  possession  and  subject  to  appor- 
tionment to  the  several  school  districts  of county,  State  of  Washington,  is  $  — ,  derived 

from  the  following  sources,  viz. :  Taxation,  $ ;  fines,  ? —  ;  licenses,  $ ;  other  sources,  $ 

Dated  this.,   .day  of 190... 


Treasurer  of County,  Washington. 


Form  No.  12. 

Certificate  of  County  Superintendent  to  County  Treasurer,  Showing  Amount 
of  Funds  Apportioned  to  Each  School  District, 

To  Mr ,  Treasurer County,  Washington  : 

I  hereby  certify  that  I  have  this  day  apportioned  the  school  funds  belonging  to  the  several 
school  districts  of county,  Washington,  now  in  your  hands  and  subject  to  apportionment, 


FORMS. 


205 


as  shown  by  certificates  now  on  file  in  my  office,  and  that  the  several  school  districts  are  en- 
titled to  the  amounts  set  opposite  their  respective  numbers,  as  follows  : 

State  fund County  fund 


1 

Amount  of 
of  state 
funds. 

Amount 

of  county 

funds. 

Total. 

.a, 

'So 

Amount 
of  state 
funds. 

Amount 

of  county 

funds. 

Total. 

? 

c. 

$ 

c. 

? 

c. 

? 

c. 

1 

c. 

$ 

c. 

• 

Dated  this day  of ,  190. 


(Signed)  

Supt.  Com.  Schools, County,  Washington. 


Form  No.  13. 

Form  for  Notifying  District  Clerk  of  the  Amount  of  Funds  Apportioned  to  his 
District  by  County  Superintendent. 

To  Clerk  of  School  District  No , County,  Washington: 

I  hereby  certify  that  on  the day  of ,  190. .,  funds  were  apportioned  to  your  district  as 

follows  :  State  school  fund,  ? —  ;  county  school  fund,  % —  ;  total,  ? 

Dated  this.... day  of 190... 

(Signed) 

Supt.  Com.  Schools, County,  Washington. 


Form  No.  14. 

Annual  Report  of  County  Treasurer  to  County  Superintendent  Showing  Finan- 
cial Status  of  Each  School  District  for  Preceding  Year  Ending  June  30. 

[  Not  printed  with  laws.]  


Form  No.  15. 

Appointment  of  Director  or  Clerk  to  Fill  Vacancy. 

By  virtue  of  authority  in  me  vested  by  law,  I  hereby  appoint to  the  office  of 

of  School  District  No ,  of county.  State  of  Washington,  to  fill  a  vacancy  caused  by 

[here  state  cause  of  vacancy];   said   to  continue  in  office  until  the  next  annual 

school  election,  and  until  his  successor  is  elected  and  qualified  according  to  law. 

Done  this day  of ,  190 .... 

(Signed) 

Supt.  of  Com.  Schools, County,  Washington. 


206  FORMS. 

OATH  OF  OFFICE. 

State  of  Washington,  County  of  ,  ss. 

I, ,  do  solemnly  swear  (or  affirm)  that  I  will  support  the  constitution  of  the 

United  Seates  and  the  constitution  of  the  State  of  Washington;  that  I  will  endeavor  to  pro- 
mote the  interests  of  education,  and  will  faithfully  discharge  the  duties  of of  School  Dis- 
trict No ,  in  the  county  of ,  in  said  state.    So  help  me  God. 

(Signed) , 

(Postofflce)  

Subscribed  and  sworn  to  before  me  this day  of ,  190. . . 

(Signed)  

[Here  state  official  character  of  officer  who  administered  oath.] 


Form  No.  16. 

Report  of  Defective  Youth. 

To  the  Board  of  Commissioners  of County,  Washington: 

I  herewith  transmit  to  you  a  report  of  all  defective  youth  residing  in  your  county,  as  re- 
ported to  me  by  the  clerks  of  the  several  school  districts  of  the  county. 

Dated  this  ....  day  of ,  190. .. 


Supt.  of  Com.  Schools, County,  Washington. 

Name  of  youth. 

Character  of  ail- 
ment. 

Name  of  parent  or 
guardian. 

Postoffice  address  of  parent  or 
guardian. 

Remarks.— This  report  should  be  made  to  the  county  commissioners  at  their  August  meet- 
ing, and  a  copy  of  it  should  be  sent  by  the  county  superintendent  to  the  director  of  the  School 
for  Defective  Youth,  at  Vancouver,  Washington. 


Form  No.  17. 
Graded  School  Report. 


[  Form  not  printed  with  laws.] 


Form  No.  18. 

Union  High  School  Report. 
[  Form  not  printed  with  laws.] 


Form  No.   19. 

Annual  Report  of  School  District  Clerk  to  County  Superintendent. 
[Not  printed  with  laws.] 


FORMS.  207 


Form  No.  20. 

District  Clerk's  Certificate  to  Directors. 
To  the  Directors  of  School  District  No ,  County,  Washington  : 

I  hereby  certify  that  all  reports  required  by  law  to  be  made  by  teachers  to  school  district 

clerks  or  to  county  superintendents  have  been  made  by ;  that  the  register  has  been 

properly  kept,  and  that  said is  now  entitled  to  an  order  in  full  payment  of  his  ser- 
vices as  teacher. 

Dated  this day  of ,  190... 


Clerk  of  School  District  No 

Remarks.— Directors  shall  not  sign  warrant  for  last  month's  salary  until  this  certificate  is 
made  a  part  of  the  clerk's  records,  or  until  by  personal  inspection  they  find  that  the  reports 
have  been  properly  made. 


Form  No.  21-a. 

Certificate  of  Special  Tax  Levy. 

( When  ordered  by  vote  of  Electors.) 

State  of  Washington,  I 
County  of ,    j 

To  the  Auditor  of County,  Washington: 

I, ,  clerk  of  School  District  No ,  of  said  county,  do  hereby  certify  that  at  a 

special  election,  duly  called  and  held  in  said  school  district,  on  the  —  day  of ,  190 . . ,  it  was 

voted  by  the  legal  electors  of  said  school  district  that  a  special  tax  of  —  mills  on  the  dollar  be 
levied  on  all  taxable  property  of  said  school  district,  as  shown  by  the  assessment  roll  for  the 
year  190..,  for  the  purpose  of 

Witness  my  hand  this day  of 190 . . . 


Clerk  of  School  District  No , County  Washington. 

Remarks.— This  certificate  must  be  filed  with  the  auditor  on  or  before  the  first  day  of  Sep- 
tember. The  directors  of  a  school  district  may  levy  a  tax  not  exceeding  five  mills  on  the 
dollar. 


Form  No.  21-b. 

Certificate  of  Special  Levy. 
(When  levied  by  school  district  directors.) 

State  of  Washington,  I 
County  of ( 

To  The  Auditor  of County,  Washington  : 

I,  ,  Clerk  of  School  District  No ,  of  said  county,  do  hereby  certify  that  at  a 

meeting  of  the  board  of  directors  duly  held  in  said  school  district,  on  tbe day  of 190. . , 

it  was  voted  by  the  said  board  of  directors  of  said  school  district  that  a  special  tax  of mills 

on  the  dollar  be  levied  on  all  the  taxable  property  of  said  school  district,  as  shown  by  the 
assessment  roll  for  the  year  190...,  for  the  purpose  of 

Witness  my  hand  this  —  day  of 190... 

(Signed)  

Clerk  of  School  District  No , County,  Washington. 

Note.— This  certificate  must  be  filed  with  the  auditor  on  or  before  the  first  day  of  September. 
Boards  of  directors  may  levy  a  special  tax  of  five  mills  or  less  without  a  vote  of  the  people. 


208  FORMS. 

Form  No.  22. 

School  District  Warrant. 

? No 

.Washington,  ,190.. 

Treasurer  of County,  Washington: 

Pay  to ,  or  order,  the  sum  of dollars  out  of  the  [here  state  what  fund]  funds 

of  School  District  No ,  of  said  county,  for  [here  state  for  what  service]  and  charge  the  same 

to  the  account  of  said  district. 

Countersigned,  (Signed) ,  \ 

-  >    Directors. 

Clerk  School  District  No \ 


Form  No.  23. 

Notice  of  Annual  Election. 

Notice  is  hereby  given  that  the  annual  election  of  School  District  No ,  of county, 

State  of  Washington,  will  be  held  at ,  in  said  school  district,  on  Saturday,  the day  of 

May,  190. .,  for  the  purpose  of  electing  school  district  officers  as  follows,  viz.  : 

One  school  district  clerk  for  a  term  of  one  year. 

One  school  district  director  for  a  term  of  three  years. 


and  for  the  transaction  of  such  other  business  as  may  lawfully  come  before  the  meeting. 
The  polls  will  be  open  from  . .  o'clock  . .  m.,  to  . .  o'clock  . .  m. 
By  order  of  the  board  of  directors. 
Dated  this  ....  day  of ,  190. .. 


School  District  Clerk. 
Remarks.— Three  of  these  notices  must  be  posted  at  least  ten  days  prior  to  the  day  of  elec- 
tion, one  of  which  must  be  at  the  place  of  holding  the  election.    All  elections  should  be  held  at 
the  school  house  if  there  be  one. 


Form  No.  24. 

Notice  of  Election  to  Vote  Special  Tax. 

Notice  is  hereby  given  that  a  special  election  will  be  held  at ,  in  School  District  No , 

of county,  State  of  Washington,  on  the day  of 190. .,  for  the  purpose  of  deter- 
mining whether  a  special  tax  of  . .  mills  on  the  dollar  shall  be  levied  upon  all  taxable  property  in 
said  school  district,  for  the  purpose  of 

Those  in  favor  of  said  tax  levy  will  vote,  "  Tax,  yes  ;  "  those  opposed,  "  Tax,  no." 
The  polls  will  be  open  from  . .  o'clock  . .  M.  to  . .  o'clock  . .  M. 
By  order  of  the  board  of  directors. 

Dated  this day  of ,  190... 

(Signed)  

School  District  Clerk. 
Remarks.— All  elections  must  be  held  at  the  school  house,  if  there  be  one.    At  least  three 
notices  must  be  posted  at  least  ten  days,  one  of  which  must  be  at  place  of  holding  election. 


FORMS.  209 

Form  No.  25. 

Notice  of  School  District  Bond  Election. 

Notice  is  hereby  given  that  a  special  election  will  be  held  at ,  in  School  District  No.. ., 

of county,  State  of  Washington,  on  the  —  day  of ,  190. .,  for  the  purpose  of  deter 

mining  whether  or  not  the  directors  of  said  school  district  shall  borrow  money  and  issue  bonds 
of  the  district  in  the  sum  of dollars,  for  the  purpose  of 

Said  bonds,  if  issued,  shall  bear  a  rate  of  interest  not  to  exceed  . . .  per  centum  per  annum, 

payable annually  ;  the  bonds  to  be  payable  and  redeemable  in years  after  date : 

*Provided,  That  said  school  district  reserves  the  right  to  pay  or  redeem  said  bonds,  or  any  of 
them,  at  any  time  after years  from  the  date  thereof. 

The  election  will  be  by  ballot.    Those  in  favor  of  the  issuing  of  bonds  as  above  specified, 
will  vote,  "Bonds,  yes  ;  "  those  opposed,  "Bonds,  no." 

The  polls  will  be  open  from  . .  o'clock  . .  m.  to  . .  o'clock  . .  m. 

By  order  of  the  board  of  directors. 

Date  this day  of 190... 

(Signed)  , 

School  District  Clerk. 

Remarks. — All  elections  must  be  held  at  the  school  house,  if  there  be  one.    At  least  three 
notices  must  be  posted  at  least  ten  days  one  of  which  must  be  at  the  place  of  holding  election. 

Preserve  one  copy  of  this  notice  as  a  part  of  the  records. 

*If  the  directors  do  not  desire  the  option  of  paying  the  bonds,  or  any  part  of  them,  before 
the  maximum  limit  stated  in  the  notices,  this  clause  should  be  erased. 


Form  No.  26. 

Notice  of  Special  School  District  Meeting. 

Notice  is  hereby  given  that  a  special  meeting  of  the  legal  school  electors  of  School  District 

No of county,  Washington,  will  be  held  at in  said  district,  on  the day  of 

,  190. . ,  beginning  at  the  hour  of o'clock  . .  M.,of  said  day,  for  the  purpose  of  determin- 
ing   

By  order  of  the  board  of  directors. 
Dated  this day  of ,  190.. 


School  District  Clerk. 
Remarks.— At  least  three  notices  should  be  posted  at  least  ten  days.    No  business  can  be 
transacted  except  such  as  is  specified  in  the  notice.    The  meeting  contemplated  is  not  an  elec- 
tion in  the  strict  sense  of  that  term,  but  is  a  meeting  at  which  the  voters  may  assemble  to  dis- 
cuss and  determine  matters  pertaining  to  the  welfare  of  their  district. 


Form  No.  27. 

Certificate  of  Election  to  be  Given  by  Clerk  of  Annual  School  Meeting  to 

Officers-Elect. 

To .Greeting: 

This  is  to  certify  that  at  the  annual  election  of  School  District  No ,  of county, 

State  of  Washington,  held  on  the day  of  May,  190. .,  you  were  duly  elected  to  the  office  of 

of  said  district  for  a  term  of years,  beginning  on  the  first  Monday  in  * next  suc- 
ceeding said  election. 

Dated  this  ....  day  of 190.. 

( Signed ) 

Clerk  of  District  School  Election. 
Remarks.— This  notice  should  be  retained  by  the  officer  elected. 
♦Directors  take  office  on  the  first  Monday  in  June;  clerks  on  the  first  Monday  in  August. 

—14 


210 


FORMS. 


Form  No.  28. 

Certificate  of  Election  and  Oath  of  Office. 

To  Superintendent  of  Common  Schools  of  County,  Washington: 

I  hereby  certify  that  at  the  annual  election  of  School  District  No , county,  State 

of  Washington,  held  on  the  —  day  of  May,  190..,  M was  duly  elected  to  the 

office  of of  said  district  for  a  term  of years,  beginning  on  the  first  Monday  in  * 

next  succeeding  said  election.    I  further  certify  that  h..  postoffice  address  is ,  State  of 

Washington. 

(Signed)   , 

Clerk  of  Annual  School  Election. 

OATH  OF  OFFICE. 

State  of  Washington,  County  of  ,  ss. 

I ,  do  hereby  solemnly  swear  (or  affirm)  that  I  will  support  the  constitution  of 

the  United  States  and  the  constitution  of  the  State  of  Washington;  that  I  will  endeavor  to  pro- 
mote the  interests  of  education,  and  will  faithfully  discharge  the  duties  of of  School  Dis- 
trict No ,  in  the  county  of ,  in  said  state.    So  help  me  God. 

(Signed) , 

S  ubscribed  and  sworn  to  before  me  this day  of ,  190 . . 

L  Here  state  official  character  of  officer  who  administers  oath.] 

Remarks.—  This  notice  should  be  given  to  the  person  elected,  who  must  qualify  on  or  be- 
fore the  day  designated  for  him  to  take  office,  and  send  the  oath  and  certificate  above  to  the 
county  superintendent.  He  must  also  file  with  the  county  treasurer  his  signature,  certified  to 
by  some  school  officer.  The  treasurer  cannot  pay  or  register  any  warrants  signed  by  any 
school  officers  whose  signatures,  so  certified,  are  not  filed  in  his  office.  The  county  superin- 
tendents should  not  recognize  any  one  as  director  or  clerk  whose  oath  is  not  on  file  in  his  office. 

*  Directors  take  office  on  the  first  Monday  in  June  and  clerks  on  the  first  Monday  in  August. 


Form  No.  29. 

School  District  Election  Poll  Book. 

Poll  book  of  an  election  held  in  School  District  No of county,  State  of  Wash- 
ington, on  the day  of ,  190. . , and being  chosen  judges  of  said 

election,  and clerk,  all  being  duly  sworn  as  required  by  law,  before  entering  upon 

the  duties  of  their  respective  offices. 


Number  and  names  of  electors  voting. 


1 4 

2  5 

3  6 


Tally  list. 

Tally  lixt. 

FORMS.  211 

We  hereby  certify  that  the  whole  number  of  electors  voting  at  this  election  amounts  to ; 

that  the  whole  number  of  ballots  cast  at  this  election  amounts  to  — ;  that re- 
ceived   votes  for  director;  that received votes  for  clerk,  etc,,  etc. 

Attest:  •  ) 

V   Judges. 

Clerk  of  Election. 
Remarks.— Election  boards  will  vary  the  tally  list  and  certificate  to  suit  the  nature  of  the 
election.  If  it  be  for  the  election  of  officers  at  an  annual  election,  the  name  of  each  person 
voted  for  must  be  entered  on  the  tally  list,  and  a  tally  of  the  votes  cast  for  him  must  be  placed 
opposite  his  name.  If  the  election  be  for  voting  a  special  tax  or  for  voting  bonds,  the  number 
of  votes  for  and  against  the  proposition  must  be  entered  on  the  tally  list.  The  certificate  must 
simply  contain  a  summary  of  the  vote  as  shown  by  the  tally  list.  Election  boards  are  chosen 
by  the  electors.  The  school  district  officers,  or  any  part  of  them,  may  be  chosen  as  an  election 
board.    The  poll  book  and  all  other  papers  should  be  delivered  to  the  county  superintendent. 

OATH  OF  JUDGES  OF  ELECTION. 

State  of  Washington,  County  of  ,  ss. 

We, and ,  do  solemnly  swear  that  we  will,  as  judges  of  an  election 

to  be  held  in  and  for  School  District  No ,  of county,  State  of  Washington,  on  this 

day  of 190..,  duly  attend  said  election  during  its  continuance:  that  we  will  not  receive 

any  vote  or  ballot  from  any  person  other  than  such  as  we  firmly  believe  to  be  duly  qualified 
voters  at  said  election,  according  to  law ;  that  we  will  make  a  true  and  perfect  return  of  said 
election,  and  will  in  all  things  faithfully  and  impartially  discharge  our  duties  as  judges  of  said 
election  to  the  best  of  our  judgment  and  ability;  and  that  we  are  not  directly  or  indirectly 
interested  in  any  bet  or  wager  on  the  result  of  said  election.    So  help  us  God. 


{■   Judges. 


Subscribed  and  sworn  to  this day  of 190. 


[  Here  state  official  character  of  officer  administering  oath.] 

OATH  OF  CLERK  OF  ELECTION. 

State  of  Washington,  Coonty  of  ,  ss. 

I, ,  do  solemnly  swear  that  I  will,  as  clerk  of  an  election  to  be  held  in  and  for 

School  District  No county  of ,  State  of  Washington,  on  this day  of ,  190. . 

duly  attend  said  election  during  its  continuance;  that  I  will  record  on  the  poll  book  of  said 
election  the  name  of  each  person  voting  thereat,  and  faithfully  and  impartially  discharge  the 
duties  of  clerk  of  said  election,  and  that  I  am  not  directly  or  indirectly  interested  in  any  bet  or 
wager  on  the  result  of  said  election.    So  help  me  God. 


Clerk  of  Election. 
Subscribed  and  sworn  to  before  me  this    day  of 190. .. 


[  Here  state  official  character  of  officer  administering  the  oath.    A  director  may  administer 
it.] 


Form  No.  30. 

Certificate  of  Bond  Election. 


State  of  Washington,    i 
County  of  ,        f 


ss. 


To  the  Treasurer  of  County,  Washington: 

We,  the  undersigned,  directors  of  School  District  No of county,  State  of  Wash- 
ington, do  hereby  certify  that  at  an  election  held  in  said  school  district  on  the day  of 

190...,  it  was  voted  that  the  bonds  of  said  district  shall  be  issued  by  the  directors  thereof  in  the 
sum  of  —  dollars,  payable  . . .  years  after  date,  with  interest  at  the  rate  of  . .  per  cent,  per  an- 


212 


FORMS. 


num,  payable annually;  *and  we  further  certify  that  the  board  of  said  directors  of  said  dis- 
trict reserves  the  right  to  redeem  said  bonds  as  follows,  viz. :   

Witness  our  hands  this day  of ,  190 . . . 

Attest:  \ 

- ,  ,       -     Directors. 

School  District  Clerk.  ,      ) 

*The  people  determine,  at  the  election,  the  maximum  time  the  bonds  are  to  run.  If  the 
directors  reserve  the  right  to  pay  the  bonds  or  any  portion  of  them  prior  to  that  date,  they 
shall  specify  such  intention  in  their  certificate  to  the  county  treasurer,  to  guide  him  in  his 
advertisement;  if  the  directors  do  not  reserve  such  right,  this  clause  may  be  omitted  from  their 
certificate  to  treasurer. 


Form  No.  31. 

Report  of  County  Superintendent  to  County  Treasurer  of  School  District 
Officers  Elected  or  Qualified. 

To  the  Treasurer  of County,  Washington  : 

You  are  hereby  notified  that  the  following  named  persons  were  duly  elected  to  the  offices 

indicated,  at  the  annual  school  election  held  on  the day  of 190. ;  that  the  oath  of  office 

of  each  of  said  persons  has  been  filed  in  my  office  as  required  by  law. 


No.  of 
dist. 

Name  of  officer. 

Title  of  office. 

Duration  of 
term. 

Postoffice  address. 

Dated  this  ....  day  of ,  190.. 


Supt.  Com.  Schools,  County,  Washington. 


Form  No.  32. 

Report  of  County  Superintendent  to  County  Treasurer  of  the  Appointment  of 
a  School  District  Officer. 

To  the  Treasurer  of County,  Washington: 

You  are  hereby  notified  that ,  of has  been  appointed  to  the  office  of 

of  School  District  No ,  of  this  county,  in  place  of ;  that  he  qualified  as  such  officer  on 

the day  of ,  190. ;  that  his  oath  of  office  is  now  on  file  in  my  office. 

Dated  this  ....  day  of ,  190. . 

Supt.  Com.  Schools County,  Washington. 

Remark.— All  appointed  officers  serve  until  the  next  annual  election. 


Form  No.  33. 

Teacher's  Register. 


[Not  printed  with  laws.] 


FORMS.  213 

Form  No.  34. 

Teacher's  Contract. 

To ,  Superintendent  Common  Schools  : 

The  following  contract  has  been  made  in  accordance  with  the  action  of  the  board  of  directors 
as  found  in  the  minutes  of  the  meeting  of day  of ,  190 . : 

TEACHER'S   CONTRACT. 

It  is  hereby  agreed,  by  and  between  the  directors  of  School  District  No county  of , 

State  of  Washington,  and ,  the  holder  of  a  teacher's  certificate  now  in  force  in  said 

county,  that  said  teacher  is  ft)  teach,  govern  and  conduct  the  public  school  of  said  district  to  the 
best  of  h. . .  ability,  follow  the  course  of  study  lawfully  adopted,  keep  a  register  of  the  daily  at- 
tendance of  each  pupil  attending  said  school,  make  all  reports  required  by  law  or  by  lawful 
authority,  and  endeavor  to  preserve  in  good  condition  the  school  house,  grounds,  furniture,  ap- 
paratus and  such  other  property  of  the  district  as  mav  come  under  the  immediate  supervision 

of  said  teacher,  for  a  term  of  ... .  school  months,  commencing  on  the day  of ,  190  ,  for 

the  sum  of dollars  per  month,  to  be  paid  at  the  end  of  each  school  month,  out  of  the  funds 

of  said  school  district,  upon  a  warrant  drawn  by  the  directors  of  said  school  district  and  payable 
by  the  county  treasurer:  Provided,  That  if  said  teacher  shall  be  legally  dismissed  from  school, 
or  shall  have  h.  ..  certificate  lawfully  annulled  by  expiration  or  otherwise,  then  said  teacher 
shall  not  be  entitled  to  compensation  from  and  after  such  dismissal  or  annullment:  Provided 
further,  That  the  wages  of  said  teacher  for  the  last  month  of  the  school  term  shall  not  be  paid 
unless  said  teacher  shall  have  made  the  reports  hereinbefore  mentioned. 

And  the  directors  of  said  school  district  hereby  agree  to  keep  the  school  house  in  good  repair, 
to  provide  a  school  register,  fuel  and  other  necessary  supplies  for  the  comfort  of  the  school. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names  this day  oi ,  190.. 

,    1 

,    \  Directors. 

J 

,  Teacher. 

Attest:  ,  District  Clerk. 

Recorded  on page  of  Record  of  Contracts.  , 

Supt.  Common  Schools. 

Note.— This  contract  must  be  made  in  duplicate,  and  mailed  to  the  county  superintendent 
of  common  schools,  who  shall,  if  it  be  legal,  countersign  the  same  and  mail  one  copy  to  the 
district  clerk  and  one  to  the  teacher. 


Form  No.  35. 


Teacher's  Annual  or  Term  Report  to  County  Superintendent  or  District 

Clerk. 
(.Not  printed  with  laws.] 


Form  No.  36. 
Common  School  (Eighth-Grade)  Diplomas. 


(Not  printed  with  laws.] 


Form  No.  37. 

Teacher's  Temporary  Certificate. 

COMMON  SCHOOLS  OF  THE  STATE    OF  WASHINGTON. 

This  is  to  certify  that having  filed  in  my  office  legal  evidence  of  being  a  person 

of  good  moral  character,  and  of  possessing  ability  to  teach  and  govern,  is  hereby  granted  this 


214  FOKMS. 

temporary  certificate,  which  entitles  h —  to  teach  in  the  common  schools  of county, 

Washington,  until  the  next  regular  examination  of  teachers  in  said  county. 

This  certificate  is  granted  upon  the  following  evidence  of  ability  to  teach,  viz  : 


Valid  until ,  190..    Extended  until ,  190.. 

Supt.  Com.  Schools, county,  Washington. 


Form  No.  38. 
Teacher's   Special  Certificate. 

COMMON  SCHOOLS  OF  THE    STATE    OF  WASHINGTON. 

This  is  to  certify  that ,  having  filed  in  my  office  legal  evidence  of  being  a  person 

of  good  moral  character,  and  of  possessing  ability  to  teach  and  govern,  is  hereby  granted  this 

special  certificate,  which  entitles  h to  teach  the  subject  of  in  the  common  schools 

of  county,  State  of  Washington,  until  revoked  for  cause. 

This  certificate  is  granted  upon  the  following  evidence,  viz  :  

Dated  at this  —  day  of ,  190.. 

Supt.  Com.  Schools, county,  Washington. 


Form  No.  39. 

County  Superintendent's  Certtricate  That  All  Reports  Have  Been  Made. 

Office  of  Superintendent  of  Common  Schools, County,  Washington  : 

,190.. 

To  the  Board  of  Directors  of  School  District  No , County,  Washington: 

I  hereby  certify  that    ,  clerk  of  School  District  No has  made  all  reports  due 

from  said  district,  to  the  county  superintendent,  for  the  quarter  last  past,  including  the  follow- 
ing : 


County  Superintendent. 
Remarks.— This  certificate  is  required  to  be  made  out  and  forwarded  on  or  before  the  last 
Saturday  of  January,  April,  July  and  October  of  each  year,  to  all  clerks  who  have  made  all  re- 
ports required  by  law,  and  the  board  of  directors  is  forbidden  to  audit  any  account  or  issue  any 
warrant  for  services  performed  by  any  clerk  until  this  certificate  is  filed  with  them. 


Form  No.  40. 
Notice  of  Appeal  to  State  Board  of  Education. 
To  the  Secretary  of  the  State  Board   of  Education  : 

You  are  hereby  notified  that  the  undersigned,  feeling  aggrieved  by  the  action  of  the  super- 
intendent of  public  instruction  does  hereby  appeal  from  the  decision  of  said  superintendent 
and  respectfully  ask  that  you  take  such  action  in  the  matter  as  will  redress  the  grievance  here- 
inafter set  forth.  The  action  complained  of  is  :  [Here  state  fully  and  clearly  the  action  com- 
plained of.] 


FORMS.  215 

State  of  Washington,  County  of ,  ss. 

I,  ,  do  solemnly  swear  that  the  above  and  foregoing  statement  is  true.    So  help 

me  God. 

(Signed)  

Subscribed  and  sworn  to  before  me  this day  of ,  190. . 


[Here  state  official  character  of  officer  administei'ing  oath.] 
Remarks-  All  appeals  must  be  taken  within  thirty  days  after  the  act.  order  or  decision 
complained  of. 


Form  No.  41. 

Notice  of  Appeal  to  Superintendent  of  Public  Instruction. 
To  the  Superintendent  of  Public  Instruction  of  Washington  : 

You  are  hereby  notified  that  the  undersigned,  feeling  aggrieved  by  the  action  of  the  county 

superintendent  of county,  State  of  Washington,  does  hereby  appeal  from  the  decision  of 

said ,  and  respectfully  ask  that  you  take  such  action  in  the  matter  as  will  redress 

the  grievance  hereinafter  set  forth.    The  action  complained  of  is  as  follows,  viz  :     [Here  state 
fully  and  clearly  the  action  complained  of.] 
State  of  Washington,  County  of ,  ss. 

I, ,  do  solemnly  swear  that  the  above  and  foregoing  statement  is  true.    So  helD 

me  God. 

(Signed)  

Subscribed  and  sworn  to  before  me  this day  of ,  190. . 

[Here  state  official  character  of  officer  administering  oath.] 
Remarks.— All  appeals  must  be  taken  within  thirty  days  after  the  act,  order  or  decision 
complained  of. 


Form  No.  42. 

Appeal  to  County  Superintendent. 

To  the  Superintendent  of  Common  Schools,  of County,  Washington  : 

You  are  hereby  notified  that  the  undersigned,  feeling  aggrieved  by  the  action  of  the  board 

of  directors  of  School  District  No.  . .,  of county,  State  of  Washington,  does  hereby  appeal 

from  the  decision  of  said  board,  and  respectfully  ask  that  you  take  such  action  as  will  redress 
the  grievance  hereinafter  set  forth.  The  action  complained  of  is  as  follows,  viz  :  [Here  state 
clearly  and  fully  the  action  complained  of.] 

State  of  Washington,  County  of ,  ss. 

I, do  solemnly  swear  that  the  above  and  foregoing  statement  is  true.    So  help 

me  God. 

(Signed)  

Subscribed  and  sworn  to  before  me  this day  of 190. . 


[Here  state  official  character  of  the  officer  administering  oath.] 
Remarks.— All  appeals  must  be  taken  within  thirty  days  of  the  act.  order  or  decision  com 
plained  of. 


Form  No.  43. 

Report  of  Fines  Collected  by  Clerks  of  Courts  and  Justices  of  the  Peace. 

To  the  Superintendent  of  Common  Schools, County,  Washington  : 

You  are  hereby  notified  that  the  sum  of  ? —  has  been  collected  by  me  during  the  quarter 
beginning  on  the  first  day  of 190..,  as  fines  for  breach  of  penal  laws  of  the  State  of  Wash- 


216  FORMS. 

ington,  and  that  said  money  has  been  turned  over  to  the  county  treasurer  to  be  placed  to  the 
credit  of  the  common  school  fund. 
Dated  this  ....  day  of ,  190... 


Remarks.— Clerks  of  courts  and  justices  of  the  peace  are  required  to  make  this  report  quar- 
terly. 


Form  No.  44. 

School  District  Officer's  Signature. 

Treasurer  of County,  Washington  : 

Sir  — My  signature,  herewith  transmitted  for  filing  in  your  office,  is  in  the  form  in  which  it 
will  hereafter  appear  when  attached  to  warrants  drawn  upon  you  by  the  officers  of  this  school 
district  during  my  term  of  office.    Said  term  is  for  —  year  . .,  beginning  on  the  first  Monday  of 

190...  (Signed) , 

*  Director  . .  Clerk  of  School  District  No , County.  Washington. 

♦Erase  "Director  "  or  "  Clerk,"'  as  the  case  may  require. 

Certificate. 

I  hereby  certify  that  the  within  signature  of  M is  genuine,  and  that  he  is  a  — 

of  School  District  No 

(Signed)  

♦Director  . .  Clerk  of  School  District  No , County,  Washington. 

♦Erase  "  Director  "  or  "  Clerk,"  as  the  case  may  require. 


Form  No.  45. 

Application  to  Raise  Grade  of  Certificate. 

[  Not  printed  with  laws.] 


Form  No.  46. 

Application  for  Common  School  Certificate,  Based  on  State  Certificate,  ( B ' 
[Not  printed  with  laws.] 


Form  No.  47. 


Application  for  Common  School  Certificate,  Based  on  Normal  School  Diploma, 

etc.,  (C). 

[Not  printed  with  laws.] 


Form  No.  48. 
Map  of  School  District. 


[Not  printed  with  laws.] 


FORMS.  217 


Form  No.  49. 

Report  of  Teachers'  Examination. 


[  Not  printed  with  laws.] 


Form  No.  50. 

Code  of  Public  Instruction. 


Form  No.  51. 

Biennial  Report  of  Superintendent  of  Public  Instruction. 


L  Not  printed  with  laws.] 


Form  No.  52. 

Requisition  Blank. 


CALENDAR  FOR  THE  YEAR'S  DUTIES. 


July  1st,  fiscal  year  begins 67 

First  Monday  in  June,  directors  assume  office 39 

July  15th,  clerks  report  to  county  superintendent. 49 

First  Saturday  in  August,  regular  meeting  of  board 43 

Attend  to  special  tax  levy  at  regular  meeting  of  board 112 

First  Monday  in  August,  clerk  assumes  office 48 

September  1st,  clerk  must  have  certified  the  special  tax  levy  to  county 

auditor 112 

First  Saturday  in  November,  regular  meeting  of  board 43 

Last  Thursday  in  November,  legal  holiday,  Thanksgiving  Day 56 

December  1st,  clerk  reports  to  superior  judge  of  children  not  attending. .  49 

Christmas  Day,  legal  holiday 56 

New  Year's  Day,  legal  holiday 56 

First  Saturday  in  February,  regular  meeting  of  board 43 

First  Saturday  in  May,  regular  board  meeting 43 

June  1st,  begin  taking  census 49 

Second  Saturday  in  May,  annual  election  of  officers 149 

(218) 


ALPHABETICAL  INDEX  TO  CODE  OF  PUBLIC  INSTRUCTION. 


A. 

Agricultural,  College:  Sec.  Page. 

Establishment , 190  99 

Ex  officio  visitors 191  99 

Courses  of  study 192  99 

Duties  of  regents 193  100 

Departments 193  100 

Experiment  station 193  101 

Experiment  station  required  by  act  of  congress 199  103 

Management,  in  whom  vested 194  101 

Appointment  of  regents 194  101 

Bonds  of  regents 194  101 

Residence  of  regents 194  102 

Organization  of  board 195  102 

Treasurer 195  102 

Secretary 195  102 

President,  chief  executive  officer 196  102 

Duties  of  officers 196  102 

By-laws 197  103 

General  control 198  103 

Congressional  requirements  assented  to 200  104 

Meetings  of  the  board 201  104 

Oathofofflce 202  104 

Regents'  expenses 203  104 

Biennial  report 204  105 

Disbursements 205  105 

Interest  in  contracts 206  105 

Governor  ex  officio  member  of  the  board 207  105 

Power  to  grant  degrees 208  105 

Construction  of  buildings 209  105 

Bonds  of  contractors 209  106 

Architects 210  106 

State  Auditor  to  issue  warrants 211  106 

Admission  to  Normal  Schools 224  ill 

Admission  to  University  of  Washington 183  95 

Annual  State  Tax 110  62 

Appeals— To  Superintendent  of  Public  Instauction: 

How  taken ,  by  persons  aggrieved. 36  33 

From  decision  made  by  county  superintendent 47  39 

Appeals— To  county  superintendent :  Mode  of  procedure 47  39 

Appeals — To  county  commissioners: 

In  formation  of  school  districts 3  14 

In  alteration  of  school  districts 5  17 

Appendix —  135 

Apportionment  of  Funds: 

In  joint  districts..   18  22 

By  Superintendent  of  Public  Instruction 21  25 

By  county  superintendent 33  32 

New  district  entitled  to  part  of  special  tax 116  65 

Architects  Agricultural  College 210  106 

Attorney  General— Legal  advisor  Univesity  of  Washington 189  99 

Auditor— State : 

Shall  notify  Superintendent  of  Public  Instruction  of  funds  on  hand Ill  63 

Shall  issue  warrants,  agricultural  college 211  106 

(219) 


220 


INDEX  TO   CODE. 


Auditor— County:  Sec.       Page. 

Shall  extend  special  school  tax  on  tax  roll 112          64 

Shall  require  certificate  of  qualification,  when 32           30 

Auditing  Committee— City  districts :  Must  audit  accounts 91           56 

B. 

Bequests  and  Gratuities 186          OS 

Blanks  —  By  whom  printed  and  distributed 22 

Boarding  Houses  —  Normal  schools 216 

Board  of  Education  — State  : 

How  constituted  ;  tenure  of  office 24 

Meetings  of,  annual,  special 25 

Expenses  of,  not  to  exceed  $1,000  per  annum 25 

Shall  adopt  or  readopt  text-books 27 

Shall  prepare  courses  of  study  for  common  schools 27 

Shall  elect  a  secretary 27 

Shall  sit  as  a  board  of  examiners 27 

Shall  prepare  questions  for  county  examinations.   27 

Vacancy  in  board,  how  filled 26 

Board  of  Directors— City  : 

Shall  consist  of  five  members 76 

Old  directors  in  districts  united  by  this  act  to  continue 76 

Members  shall  decide  by  lot  terms  of  office 76 

Shall  provide  one  voting  place  in  each  ward 78 

Shall  appoint  judges,  etc 78 

Shall  provide  registration  books 78 

Shall  count  votes  and  issue  certificate  of  election 79 

Shall  meet  as  canvassing  board,  when 79 

Shall  take  oath  of  office  and  file  the  same 80 

Term  of  office  shall  commence,  when 80 

Shall  elect  a  president  and  vice  president,  when 80 

Shall  elect  a  secretary  and  fix  salary  of 80 

Shall  elect  officers,  etc.,  by  viva  voce  vote  81 

Shall  hold  regular  and  special  meetings 86 

Shall  maintain  office,  and  meet  at 87 

Vacancies  in  board,  how  filled 89 

Vacancies  in  board  may  be  created,  how 90 

Quorum,  less  than,  powers  of 90 

Shall  not  vote  expenditure  of  more  than  ?200,  except  on  contract 91 

Accounts  of,  subject  to  inspection  of  county  superintendent 91 

General  powers  and  duties 92 

To  employ  and  to  dismiss  a  city  superintendent 92 

To  prescribe  a  course  of  study  and  text-books 92 

Shall  cause  enumeration  to  be  taken 93 

Shall  report  to  county  superintendent 93 

Members  of,  shall  have  no  pecuniary  interest  in  contract 94 

Members  shall  receive  no  compensation 94 

Board  shall  not  sell  school  property,  except 95 

Shall  advertise  for  bids  in  certain  cases 96 

Board  shall  report  to  county  commissioners,  what 97 

Expenditure  of  funds  limited 97 

Shall  pay  incidental  costs  of  bonds 126 

Shall  canvass  result  of  vote  on  validation 130 

May  issue  bonds  for  validated  debt 132 

Shall  notify  treasurer  of  the  result  of  election 135 

Board  of  Examination,  State—  (See  Board  of  Education,  State.) 

Board  of  Higher  Education  : 

Shall  consist  of  whom 28 

Shall  adopt  course  of  study  for  normal  schools 29 

Shall  harmonize  public  school  system 29 

Bonds  — School  district : 

District  may  issue,  for  certain  purposes H7 

Amount  of,  rate  of  interest 1 17 

Election  to  determine  issue  of 118 


24 
108 

27 
28 
28 
28 
28 
29 
29 
29 
28 

51 
52 
52 
52 
52 
53 
53 
53 
54 
54 
54 
54 
54 
55 
55 
55 
56 
56 
56 
56 
56 
56 
56 
58 
58 
58 
58 
58 
58 
59 
59 
70 
74 
74 
76 


INDEX  TO  CODE.  221 

Bonds— School  district—  Continued.                                                                                 Sec.  Page. 

Notice  of  election  shall  state,  what 117  66 

Three-fifths  majority 118-  67 

Form  of  bonds  — registry  of  bonds 119  67 

Must  not  be  sold  below  par  value 120  68 

Fees  for  advertising  — how  paid 120  68 

Must  be  printed  or  lithographed 123  59 

May  be  funded  in  certain  districts 124  69 

Bonds  issued  by  cities  of  10,000  or  more 124  70 

Interest  on,  shall  cease,  when 125  70 

Incidental  expenses,  how  paid 126  70 

How  redeemed  and  canceled 127  71 

Bonds  of  regents  agricultural  college 194  101 

Bonds  of  contractors  agricultural  college 209  106 

Boundaries  of  school  districts • 5  17 

Boundaries  hormonized  by  county  superintendent 33  32 

By-laws  agricultural  college 197  103 

By-laws  school  for  defective  youth 238  114 

Bonds  —  Refunding  of: 

By  school  districts 1  131 

By  directors,  in  cities  of  10,000 1  131 

Exchange  of  new  bonds  for  old,  rate  of 1  131 

Interest  on  new  bonds,  rate  of 1  131 

Denominations  of  new  bonds 1  132 

C. 

Calendar  for  School  Officers 176 

Census— School  districts: 

When  and  by  whom  taken 49  41 

Shall  include,  what 49  41 

Shall  not  include  Indian  or  Mongolian  children 49  41 

In  cities  of  10,000,  by  whom  taken 93  58 

Census  Enumerators— In  cities  of  10,000  : 

Compensation  of 93  58 

Appointment  of,  by  whom  made 93  58 

Shall  verify  returns  by  affidavit 93  58 

Certificate  of  Tax  Levy 112  64 

<  kktificates  and  diplomas  : 

Certificates  under  former  law  validated 1 36  78 

Life  diplomas 137  78 

Life  diplomas 138  79 

State  certificates 137  78 

State  certificates 138  79 

State  certificates  without  examination 139  80 

First  grade  common  school  certificates 137  78 

Second  grade  common  school  certificates 137  78 

Third  grade  common  school  certificates 137  78 

Temporary  common  school  ceitificates 187  79 

Temporary  common  school  certificates 146  83 

Special  common  school  certi ficates 137  79 

County  examinations 140  80 

State  examinations— applicants  may  tako— branches  for 138  79 

Fee  for  certificate  (county) 142  82 

Fee  for  certificate  (state) 138  80 

Fee  for  diploma 138  80 

Requirements  for  certificate  (state) 138  79 

Requirements  for  certiticate  (county) 141  81 

Papers  to  be  forwarded  to  State  Superintendent's  office 143  82 

Renewal  of  certificates 144  82 

Applicants  may  pass  in  eight  subjects 145  83 

Registration  of  certificates 147  83 

Revocation  of  certificates 148  84 

University  normal  diploma 1*6  98 

Normal  school  diploma 222  110 


222  INDEX  TO  CODE. 

Children:                                                                                                                        Sec.  Page. 

Between  certain  ages  must  not  be  employed  in  certain  vocations 5  127 

Mflst  present  certificate  of  attendance  at  school 6  127 

Cities  of  Ten  Thousand— (See  School  Districts) 75  51 

Clerks— School  District: 

In  joint  districts  shall  file  oath  in  each  county 17  22 

Election,  tenure  of  office 48  40 

Shall  take  office,  when 48  40 

Shall  file  signature  with  county  treasurer 62  47 

Appoint  ment  of,  to  fill  vacancy 48  40 

Shall  be  clerk  of  special  meetings  of  voters 30  88 

Shall  tile  transcript  of  record 47  40 

Shall  attend  meetings  of  board  of  directors 49  40 

Shall  preserve  copies  of  all  reports  to  county  superintendents 49  40 

Shall  keep  account  of  expenses  incurred 49  42 

Shall  present  record  book  for  inspectton  at  annual  election 49  41 

Shall  take  census  of  children  of  school  age 49  41 

Shall  make  a  report  to  county  superintendent 49  41 

Shall  give  notice  of  annual  and  special  meetings 49  42 

Shall  report  employment  of  teachers  and  commencement  of  school 49  42 

Shall  issue  and  countersign  warrants 49  42 

Shall  receive  certain  compensation 50  43 

Shall  certify  to  correctness  of  teachers's  reports 53  44 

Shall  certify  special  tax  levy  to  county  auditor 112  64 

Shall  call  meeting  to  form  union  district 61  47 

Shall  report  to  county  superintendent  all  defective  youth 49  41 

Shall  report  to  county  superintendent  defective  youth 252  116 

Penalty  for  failure  to  make  reports 164  90 

Code  of  Public  Instruction: 

By  whom  and  to  whom  distributed 22  24 

Official  title  of  school  laws 257  117 

Commissioners— County : 

Shall  appoint  county  superintendent  to  fill  vacancy 30  30 

Shall  cause  record  of  school  district  boundaries  to  be  entered  upon  journal. .  33  32 

Shall  hear  appeals  on  formation  of  districts 4  15 

Shall  defray  expenses  of  institute 104  61 

Shall  levy  district  bond  interest  tax 121  68 

May  levy  bond  sinking  fund  tax 121  69 

Shall  levy,  not  exceeding  three  mills,  when 135  77 

Shall  withhold  salary  of  county  superintendent,  when 360  89 

Shall  provide  office  for  county  superintendent 37  34 

Shall  levy  tax  in  cities  of  10,000  or  more  inhabitants 97  59 

Shall  defray  expenses  of  defective  youth 255  117 

May  be  fined  for  failure  to  enforce  compulsory  law,  when 256  117 

Compulsory  attendance,  penalty 171  91 

Constitution — State  of  Washington 137 

Contracts: 

Valid  only  when  countersigned  by  county  superintendent 33  31 

Valid  only  for  term  of  certificate  of  the  holder 54  45 

Declared  valid  under  Code  of  Public  Instruction 63  48 

Penalty  for  violation  of,  by  teacher 1  132 

Compulsory  Attendance  : 

(See  Parents  and  Guardians) 71  49 

School  for  defective  youth 254  117 

Compulsory  Attendance,  Cities  of  10,000: 

Children  between  7  and  15  must  attend  six  months 1  125 

May  attend  private  school 1  126 

Private  school  must  be  approved  by  board  of  education 2  126 

Board  shall  appoint  truant  officer 3  126 

Secretary  must  furnish  names  of  children  not  attending  school 4  127 

Truant  officer  must  visit  establishments  where'Children  are  employed 8  128 

Truant  officer  shall  demand  names  of  children  employed 9  128 

Board  shall  make  needful  regulations  regarding  truants 11  129 

Board  to  report  to  State  Board  of  Education,  what 12  129 


INDEX   TO  CODE.  223 

Sec.       Page. 

Convention  of  County  Superintendents— By  whom  called,  when 22  24 

County  Examinations 140  80 

County  Superintendent— (See  Superintendent  of  Common  Schools). 

County  Treasurer— (See  Treasurer). 

County— A  unit  for  supervision  and  administration 2  13 

Course  of  Study: 

For  primary,  grammar  and  high  schools 27  28 

For  normal  schools 29  29 

For  normal  schools 222  110 

For  entrance  to  higher  institutions 29  29 

Harmonizing  courses  of  public  school  system 29  29 

To  be  adopted  by  boards  of  directors  of  graded  and  high  schools 73  50 

Shall  be  enforced  by  teachers 54  44 

Board  of  directors  shall  adopt  in  cities  of  10,000 92  56 

Penalty  for  failure  to  comply  with 166  91 

Penalty  for  failure  to  enforce 174  92 

Agricultural  college 192  99 

University  of  Washington 183  95 

University  of  Washington 186  97 

Courts— Superior. 

Have  jurisdiction  in  enforcing  law  for  compulsory  attendance  in  cities  of 

10.000 14  129 

D. 
Damages: 

To  school  property 

To  books,  normal  schools 

Defective  Youth— School  for 

Degrees— Agricultural  college 

Deputy  Superintendent  of  Public  Instruction 

Departments— Agricultural  college 

Diplomas: 

Life 

Life 

Fee  for 

May  be  revoked 

Diplomas  and  Certificates: 

State  normal 

May  be  revoked 

University  of  Washington,  entitle  holder  to  teach 

Director— School  district: 

Election,  tenure  of  office,  failure  to  qualify , 

Eligibility,  ability  to  read  and  write  English 

Shall  take  office,  when 

Shall  file  signature  with  county  treasurer 

Appointment  of 

Shall  take  oath 

May  administer  oaths 

Shall  have  no  pecuniary  interest  in  contracts 

Director— School  for  defective  youth :  Qualifications  of 

Directors— Board  of: 

In  joint  districts  shall  file  oaths  in  each  county 

Shall  employ  teachers  and  others 

Shall  enforce  rules,  course  of  study,  etc 

Shall  provide  and  pay  for  furniture  and  supplies 

Shall  rent,  furnish,  repair  and  insure  school  houses 

Shall  build  or  remove  school  houses,  when 

Shall  purchase  personal  property,  etc 

Shall  suspend  or  expel  pupils,  when 

M  ay  exclude  children  from  school,  when  

Shall  provide  free  text-books,  and  books  for  indigent  children,  when 

Shall  require  all  children  to  be  supplied  with  text-books 

Shall  exclude  from  school  and  school  libraries  certain  classes  of  literature. 

May  authorize  school  room  to  be  used  for  certain  purposes 


172 

92 

223 

111 

— 

113 

208 

105 

23 

27 

193 

100 

137 

78 

138 

79 

138 

80 

148 

84 

220 

109 

222 

111 

186 

98 

39 

35 

39 

35 

39 

35 

62 

47 

33 

32 

61 

47 

61 

47 

45 

39 

248 

116 

17 

22 

40 

36 

40 

36 

40 

37 

40 

37 

40 

37 

40 

37 

40 

37 

40 

37 

40 

37 

40 

37 

40 

37 

40 

37 

224  INDEX   TO  CODE. 

Directors— Board  ot— Continued.  Sec.       Page. 

Shall  require  teachers  to  conform  to  the  law 40  38 

Shall  be  liable  as  directors  for  debts,  judgments 41  38 

May  permit  adults  and  non-resident  pupils  to  attend  school,  when 42  38 

May  charge  tuition 42  38 

Shall  turn  over  all  money  collected  to  treasurer 42  38 

May  make  by-laws  for  government  of 43  38 

Shall  hold  regular  meetings,  when 43  38 

May  hold  special  meetings 43  38 

Shall  have  custody  of  school  property 44  38 

Shall  have  power  to  convey  by  deed,  etc 44  39 

Shall  have  power  to  transact  business,  etc 44  39 

Shall  sign  warrants  for  payment  of  debts,  etc 44  39 

Shall  sign  and  execute  deeds  for  district 44  39 

Shall  call  special  meetings  of  voters,  when J56  87 

Shall  carry  out  voters'  directions 158  88 

Shall  appoint  a  clerk  of  board  pro  tern-pore 49  32 

Shall  not  sign  warrant  for  teachers'  wages,  when 52  44 

Shall  not  contract  debts,  when 46  39 

Shall  withhold  warrant  for  last  month's  salary,  when 53  44 

Shall  make  a  written  order  for  employment  of  teacber 55  45 

May  determine  length  of  school  day 66  48 

Shall  furnish  free  text-books,  when 106  61 

Shall  adopt  rules  governing  free  text-books 108  61 

May  levy  special  tax  not  exceeding  five  mills 112  63 

May  order  a  special  election  to  vote  special  tax 112  64 

Shall  pay  district  clerks  for  services,  when 50  43 

Shall  not  audit  accounts  of  clerk,  when 50  43 

May  borrow  money  and  issue  bonds  of  district 117  66 

Shall  certify  result  of  bond  election  to  county  treasurer 119  67 

Shall  canvas  bids  for  bonds 120  68 

Shall  deliver  bonds  to  treasurer 120  68 

Shall  cause  bonds  to  be  printed  or  lithographed 123  69 

Shall  cause  clerk  to  post  notices,  when 131  74 

Directors— Boards  of  Union  Districts  : 

Shall  consist  of  whom 9  18 

General  powers  and  duties 10  19 

Shall  establish  course  of  study 11  19 

May  levy  tax  for  certain  purposes 10  19 

May  levy  tax  for  certain  purposes , H2  64 

Disbursements— Funds  agricultural  college 205  105 

Display  of  U.  S.  Feag 180  94 

Dissection : 

When  permitted 179  94 

Penalties  for 173  92 

Allowable— when 2  125 

Duties: 

Of  superintendent  of  public  instruction 22  23 

Of  state  board  of  education 27  28 

Of  board  of  higher  education 28  29 

Of  county  superintendents 33  30 

Of  school  directors 40  36 

Of  school  directors  in  cities  of  10,000 92  56 

Of  school  clerk 49  40 

Of  secretary  of  board  in  cities  of  10,000 84  54 

Of  county  treasurer 59  45 

Of  board  of  regents,  university  of  Washington 186  97 

Of  board  of  regents,  agricultural  college 193  100 

Of  trustees,  normal  schools 215  107 

Of  principal,  normal  schools 218  109 

Of  trustees,  school  for  defective  youth 231  113 

Of  directors,  school  for  defective  youth 249  116 


INDEX   TO  CODE.  225 

E. 

Elections:  Sec.  Page. 

Of  Superintendent  of  Public  Instruction 20  23 

Of  county  superintendent SO  29 

Of  school  district  directors 39  35 

Of  school  district  clerk 48  40 

In  cities  of  10,000 77  52 

In  cities  of  10,000 78  52 

Elections,  in  Cities  of  10,000  : 

Voter  may  be  challenged  —  method  of  procedure VI  123 

Board  must  appoint  judges  and  clerk  for  each  voting  precinct 13  123 

Board  to  appoint  suitable  voting  places 15  124 

Act  in  relation  to  cities  of  10,000  not  repealed  by  this  act 16  124 

Elections  — General : 

Date  of  annual 149  84 

Notice  of  time  and  place 150  84 

Polls  open,  when 150  84 

Oaths  of  election  officers 151  85 

Ballots 152  85 

Challenges 153  86 

Qualification  of  electors 153  86 

Registration  of  voters 153  86 

Declaring  results  of 154  86 

Imperfect  ballots 154  87 

Certificates  of 155  87 

Tie  votes 155  87 

Poll  sheets  sent  to  county  superintendent 154  87 

Elections  — Special : 

For  what 156  87 

How  called 149  84 

Where  held 157  88 

Ten  days'  notice 157  88 

Directors  to  carry  out  result 158  88 

Election  to  vote  bonds    118  66 

Election  to  validate 129  72 

Location  of  polls 130  72 

Notice  of  election  to  be  given 131  74 

Eligibility  : 

Of  members  of  State  Board  of  Education 24  27 

Of  deputy  Superintendent  of  Public  Instruction 23  27 

Of  county  superintendent  of  common  schools 31  30 

Of  school  directors 39  35 

Of  applicants  for  certificates,  state 138  79 

Of  applicants  for  certificates,  common  school 141  81 

Of  teachers 51  43 

Embbgbncy  Clause 258  118 

Estbays  —  Moneys  received  from  sale  of.  go  into  general  school  fund 133 

Examinations  : 

Fee 103  60 

Penalty  for  disclosing  questions 159  89 

Examinations  : 

County 140  80 

State 138  79 

State 27  29 

Papers  forwarded  to  State  Superintendent 143  82 

For  admission  to  normal  school 224  112 

Examinations  —  Grammar  School  —  (  Eighth  Grade)  : 

County  superintendent  must  appoint  examiners 1  130 

Eligibility  of  examiners * 1  I3Q 

Assistant  examiners 1  130 

Duty  of  examiners 2  .  130 

Compensation  of  examiners 3  130 

K.m.i  i-  riVB  Committee  — School  for  defective  youth 242*  115 

—15 


226  INDEX   TO  CODE. 

Expenses  Regents:  Sec.  Page. 

Agricultural  college 203  104 

University  of  Washington 186  98 

Experiment  Station 193  101 

Same 194  101 

F 

Faculty—  University  of  Washington 187  98 

Fees: 

For  certificates,  county 142  82 

For  certificates,  state 138  80 

For  diplomas 138  80 

First  Grade  Certificates 137  78 

Fines— (See  Penalties). 

Fines: 

Go  into  general  school  fund —  133 

Go  into  public  school  fund 3  129 

Flags— Shall  be  displayed 180  94 

Forms— (See  page  201). 

G 

Graded  Schools 72  50 

Governor : 

Shall  appoint  members  State  Board  of  Education 24  27 

Shall  appoint  regents  of  university 184  96 

Shall  be  ex  officio  visitor  agricultural  college 191  99 

Shall  be  ex  officio  advisory  regent  agricultural  college 207  105 

Shall  appoint  regents,  agricultural  college 194  101 

Shall  appoint  trustees  normal  schools 212  JO" 

Guardians— (See  Parents  and  Guardians). 

H. 

He  or  His— Construed  to  mean  she  or  hers 176  93 

High  Schools : 

Shall  be  maintained 1  13 

Course  of  Study  for 27  28 

Part  of  common  schools 64  48 

In  cities  of  10,000 92  57 

Connection  with  university 183  96 

Holidays 56  45 

Holder  of  Bonds— To  notify  treasurer 125  70 

Holder  of  Warrants— May  exchange  for  bonds 134  76 

Hygiene— Penalty  for  not  teaching 162  89 

Hygiene— Penalty  for  not  enforcing  law 163  90 

I. 

Indians  — Not  enumerated 49  41 

Indigent  Parents 40  37 

Indigent  Parents 92  57 

Indigent  Pupils  —  School  for  Defective  Youth 255  117 

Institute  —  County : 

Must  be  held,  when 99  60 

May  be  held  in  what  counties 100  60 

Length  of  session 101  60 

Compensation  of  teachers 102  60 

Institute  fund 103  60 

Expenses,  how  paid 104  61 

Compulsory  attendance  at 99  60 

Penalty  for  non-attendance 168  91 

J. 
Janitor: 

Relating  to  contagious  diseases 68  49 

Employed  in  cities  of  10,000 92  57 


INDEX  TO  CODE.  227 

Judges  of  Election:  Sec.  Page. 

How  chosen 151  85 

Shall  take  oath 151  85 

Shall  canvass  returns 154  86 

Shall  administer  oath  to  voters 153  86 

K. 

Kindergarten 181  95 

Kindness  to  Animals  — To  inculcate 65  48 

Laws— (See  Code  of  Public  Instruction). 
Length  of  School  Term: 

In  all  districts 70  49 

In  incorporated  towns 70  49 

In  cities  of  30,000 92  57 

Levy  of  State  Tax  —  Limited  to  five  mills Ill  63 

Library  —  Fees  for  normal  school 223  11 1 

Life  Diplomas 137  78 

Licenses  —  Liquor : 

35  per  cent,  of  proceeds  go  into  county  scoool  fund 133 

M. 
Meetings— (See  Elections). 

Of  State  Board  of  Education 25  28 

Of  school  district  directors 43  38 

Of  school  district  directors 86  55 

Of  regents,  University  of  Washington 185  97 

Of  regents,  Agricultural  College 195  102 

Of  trustees,  Normal  School 217  108 

Of  trustees.  School  for  Defective  Youth 236  114 

Of  trustees,  School  for  Defective  Youth— special 239  114 

Manual  Training  School 219  109 

Model  School 219  109 

Mongolians— Shall  not  be  enumerated 49  41 

N. 

Non-Sectarian  Control  of  Common  Schools 110  62 

Non-Sectarion  Control  of  University 188  99 

Normal  Diploma  from  University 186  97 

Normal  Schools: 

Establishment  212  107 

Corporate  title  212  107 

Trustees,  appointment 213  107 

Trustees,  term  213  107 

Trustees,  officers 214  107 

Trustees,  by-laws 214  107 

Trustees,  no  interest  in  contracts 227  112 

Trustees,  quorum 214  107 

Trustees,  duties 215  107 

Trustees,  meetings 216  108 

Boarding  houses . 216  108 

Principals,  duties 218  109 

Principals,  expenses 218  109 

Principals,  annual  meetings 225  112 

Model  school  219  109 

Manual  training  school  219  109 

Diplomas  and  certificates 220  109 

Diplomas  and  certificates  may  be  revoked 222  1 1 1 

Tuition,  to  residents 221  110 

Tuition,  to  non-residents ' 221  lln 

Courses  of  study 222  110 

School  year 222  111 

Text-books 223  111 

Library  fee 223  111 

Requirements  for  admission 224  112 

Biennial  report 226  112 


228  INDEX   TO  CODE. 

O. 

Oath  of  Office:  Sec.  Page. 

School  district  officers 61  47 

Attached  to  certificates  of  election 155  87 

Oath  of  Office— Regents  agricultural  college 202  104 

Officers— Agricultural  College  :  Duties 196  102 

Officers— Named 19  22 

Superintendent  of  Public  Instruction 20  23 

State  Board  of  Education 24  27 

Board  of  higher  education 28  29 

County  superintendent 30  29 

School  district  directors 39  35 

School  district  clerk 48  40 

Teachers 51  43 

County  Treasurer 59  45 

General  provisions  relating  to 60  47 

Penalty  for  not  turning  over  property 165  90 

Official  Year— School  for  defective  youth 245  115 

Official  Rulings  : 

By  attorney  general 197 

By  Superintendent  of  Public  Instruction 198 

OUTLiNE--Of  Public  School  System 5 

P. 

Parents  or  Guardians  : 

Shall  be  liable  for  damages  to  school  property 172  93 

Shall  send  children  to  school 71  49 

Penalty  for  failure  to  send  children  to  school 171  91 

Shall  not  ic suit  or  abuse  teacher,  penalty  for 169  91 

Shall  send  defective  youth  to  state  school  for 254  117 

May  educate  defective  youth  at  home,  when 254  117 

Penalty  for  neglect  to  educate  defective  youth 256  117 

Penalties  : 

For  breach  of  penal  laws 113  64 

For  disclosing  examination  questions 159  89 

For  failure  to  make  county  superintendent's  report 160  89 

For  failure  to  turn  over  fines,  etc 161  89 

For  failure  to  teach  hygiene .* 162  89 

For  failure  to  teach  hygiene 163  90 

For  failure  to  make  clerk's  report 164  90 

For  failure  to  deliver  property 165  90 

For  failure  to  enforce  course  of  study 166  91 

For  failure  to  enforce  course  of  study 174  92 

For  maltreating  pupils 167  91 

For  non-attendance  at  institute 168  91 

For  abusing  teacher 169  91 

For  disturbing  school 170  91 

For  non-attendance  at  school 171  91 

For  defacing  property 172  92 

For  practicing  vivisection 173  92 

For  failure  to  use  text-books 174  92 

For  failure  to  maintain  school 175  92 

For  failure  to  report  defective  youth 256  117 

For  damage  to  books,  normal  school 223  111 

For  violation  of  certain  act 7  128 

For  employing  illiterate  children 10  128 

Districts  forfeit  25  per  cent,  of  school  fund  for  violating  certain  act 12  129 

Physiology  and  Hygiene  : 

Must  be  taught ;  penalty  for  failure '. 162  89 

Must  be  taught  ;  neglect  or  refusal ' 163  90 

Preference  Right  to  Purchase  School  House  Site 8  17 

President— Of  state  board  of  education  :  Superintendent  of  Public  Instruction. .  22  24 

President— Of  board  of  city  directors : 

Shall  be  elected,  when .    80  54 

Duties  of 82  5 


INDEX   TO  CODE.  229 

Principals  Normal  Schools:  Sec.    Page. 

Duties 218  109 

Expenses 218  109 

Annual  meeting 225  1 12 

Principal  : 

Graded  schools 73  72 

Shall  report  in  lieu  of  teacher 52  44 

Property— Penalty  for  defacing 172  92 

Prosecuting  Attorney— Shall  enforce  law  regarding  hygiene 163  90 

Pupils  : 

Age  of  admission 64  48 

Shall  pursue  course  of  study 69  49 

Shall  comply  with  rules 69  49 

Penalty  attached  to  violation  of  rules 69  49 

Penalty  for  damaging  school  property 172  92 

Shall  he  excluded  from  school,  when 68  49 

Penalty  for  maltreating 167  91 

Q. 

Qualification— (See  Eligibiity). 

Qukstions~for  Teachers'  Examinations  : 

Penalty  for  disclosing 159  89 

Shall  he  prepaj-ed  by  State  Board  of  Education 27  28 

Shall  be  distributed  by  the  Superintendent  of  Public  Instruction 22  26 

Quorum  —  Directors  in  cities  of  10.000 90  56 

R. 

Regents  : 

Agricultural  college,  duties 193  100 

Agricultural  college,  expenses 203  104 

Agricultural  college  bonds 194  101 

Agricultural  college,  residence 194  102 

University  of  Washington,  to  consist  of 184  96 

University  of  Washington 185  97 

University  of  Washington 186  97 

Register— Teachers  —  must  keep 53  44 

Registration  of  Certificate 147  81 

Registration  of  Voters— In  cities  of  10,000  : 

Only  registered  voters  shall  vote  at  school  elections 78  53 

Only  registered  voters  shall  vote  at  school  elections 153  86 

Women  must  register 1  119 

Secretary  of  board  must  supervise  registration 2  119 

Board  of  education  must  furnish  blanks 3  119 

Registration  books  open,  when 4  119 

Books  closed  —  Notice  of 4  120 

Registration  required  but  once  each  year 5  120 

Registration  districts  must  be  delined 6  120 

Form  to  be  observed  in  registration 7  121 

Voters  must  register  in  person 8  122 

Statement  verified  by  oath 9  122 

Penalty  for  false  oath 10  122 

Voter  moving  to  new  district  must  transfer  registration 11  122 

Renewal  oe  certificates 144  82 

Requirements  : 

For  certificate,  state 138  79 

For  certificate,  county 141  81 

For  admission  to  normal  schools 224  112 

For  admission  to  university 183  96 

Revocation  of  Certificates 148  84 

Repeals—  Acts  relating  to  public  school  system 257  117 

Reports  : 

Of  Superintendent  of  Public  Instruction,  biennial,  when  made 22  23 

Of  normal  schools 226  112 

Of  university  of  Washington 186  97 


230  INDEX   TO  CODE. 

Reports—  Continued.  Sec  Page. 

Of  private  and  sectarian  schools,  or  state  institutions,  annual 22  26 

Of  agricultural  college  regents 204  105 

Of  county  superintendents,  annual 33  31 

All  statements  required  by  State  S uperintendent 33  31 

Of  school  for  defective  youth 247  115 

Of  school  district  clerk,  annual 49  40 

To  superior  judge 49  41 

Defective  youth 252  116 

Of  teachers 52  44 

Of  teacher,  principal,  or  city  superintendent . .  52  44 

Of  principal  or  city  superintendent 74  51 

Of  county  treasurer  to  county  superintendent 59  45 

Of  secretary  of  city  board 85  55 

Of  city  board  of  directors,  annual 92  58 

To  county  commissioners 97  59 

Revenue  —  ( See  School  Funds.; 

Rules  —For  common  schools  :     ( See  page  195.) 

Directors  shall  enforce 40  36 

Teachers  shall  enforce 54  44 

S. 

Schools— Common. 

A  uniform  system  consisting  of,  shall  be  maintained 1  13 

Penalty  for  not  maintaining 175  93 

Administration  of  system,  by  whom 19  22 

A  common  school  defined 64  48 

Shall  be  open,  to  whom 64  48 

Shall  be  taught  in  the  English  language 65  48 

Instruction  shall  be  given,  in  what  branches 65  48 

Attention  to  kindness  to  animals 65  48 

Pupils  and  teachers  excluded  from,  when 68  49 

Pupils  must  comply  with  regulations  of 69  49 

Pupils  may  be  expelled  from 68  49 

School,  day  and  month 66  48 

School  year  defined 67  49 

Penalty  for  disturbing 170  91 

Free  from  sectarian  control 110  62 

School  Fob  Defective  Youth  : 

Establishment 228  113 

Free  to  resident  youth 229  113 

Admission  of  non-resident  youth 251  116 

Trustees,  consist  of 230  113 

Trustees,  general  control 231  113 

Trustees,  how  appointed . . .  232  113 

Trustees,  term  of  office 232  113 

Trustees,  vacancies,  how  filled 233  113 

Trustees,  how  constituted 234  114 

Trustees,  notice  of  appointment 235  114 

Trustees,  regular  meetings 236  114 

Trustees,  special  meetings, 239  114 

Trustees,  notice  of  meetings 241  115 

Trustees,  quorum 240  115 

Trustees,  by-laws 238  114 

Trustees,  executive  committee,  meetings 242  115 

Trustees,  executive  committee,  duties 243  115 

Trustees,  no  interest  in  contracts 244  115 

Official  year 245  115 

School  year 246  115 

Biennial  report 247  115 

Director,  qualifications 248  116 

Director,  duties 249  116 

Director,  removal 250  116 

Duties  of  district  clerk 252  116 

Duties  of  county  superintendent .  253  116 


INDEX   TO  CODE.  231 

School  For  Defective  Youth—  Continued.  Sec.  Page. 

Compulsory  attendance 254  117 

Expenses  of  indigent  pupils 255  117 

Penalty  for  neglect  of  law 256  117 

School  year,  for  school  for  defective  youth 246  115 

School  Revenues  :  (See  School  Funds). 

State  fund,  permanent,  derived  from 109  61 

Interest  on  permanent  state  fund,  rentals,  etc 110  62 

All  losses  to,  a  permanent  debt 110  62 

Annual  state  tax 11 U  62 

Fines  for  breach  of  penal  laws 113  64 

Special  taxes,  how  levied, 112  63 

State  tax  levy  limited  to  five  mills Ill  63 

Warrants  paid  in  the  order  of  presentation 114  65 

Warrants  may  be  exchanged  for  bonds,  when 134  76 

Schools— Graded  and  high: 

Board  of  directors  in  districts  united 9  18 

Funds  and  other  property  of  united  districts 13  20 

Board  of  districts  must  meet  and  organize,  when 15  21 

Clerk  of  districts  united  shall  notify  county  superintendents  15  21 

Each  incorporated  city  or  town  one  district 72  50 

Shall,  when  incorporated,  maintain  six  months'  school 70  49 

Territory  when  bonded  may  not  be  transferred 72  50 

Directors  appoint  principal,  grade  school,  etc 73  50 

Limits  of  district 72  50 

Principal  employed,  when : 73  50 

Directors  establish  course  of  study 73  50 

City  superintendent  to  be  employed,  when 74  51 

School  Districts: 

Term  defined,  how  designated,  all  districts  legalized 3  14 

New  districts,  how  formed;  appeals 4  14 

Change  of  boundaries,  appeals 5  17 

Must  not  contain  less  than  four  sections 6  17 

May  purchase  school  house  site 7  17 

Shall  have  preference  right  to  purchase  site 8  17 

Boundaries  of,  harmonized  by  county  superintendent 33  3 

Must  maintain  school  three  months 70  49 

New  districts  entitled  to  money,  when 115  65 

Organization  of,  ceases  and  determines,  when 115  65 

New  district  entitled  to  division  of  old  district  funds,  when 116  65 

New  district  entitled  to  its  proportion  of  special  tax 116  65 

Districts  not  entitled  to  funds,  when.. 115  65 

District  shall  forfeit  25  per  cent,  of  funds,  when 174  92 

May  issue  bonds '. 117  66 

School  Districts— Consolidated  districts: 

Directors  of  the  several  districts  constitute  the  directors  of 12  20 

Entitled  to  funds  and  property  of  old  districts 13  20 

Old  districts  shall  retain  corporate  existence,  when 14  20 

Officers  of,  shall  meet  and  organize 15  21 

Joint  districts: 

When  formed  and  how  designated  by  number 16  _»l 

Form  of  organization 17  21 

Reports  made  to  each  county  superintendent  affected • 18  22 

For  purposes  of  apportionment  shall  lie  in  county  containing  school  house. . .  18  22 
Union  school : 

Districts,  how  formed 9  18 

Directors  of,  shall  consist  of  whom 9  18 

Board  of  directors,  how  organized 9  IS 

Powers  and  duties  of  boards  of 10  19 

Clerk  shall  report  the  organization  to  county  superintendent 10  19 

Course  of  study  in.  determined  by  board  of  directors 11  19 


232 


INDEX   TO  CODE. 


School  Districts— In  cities  of  10,000  or  more  inhabitants: 

May  include  territory  adjacent  to  cities 

How  designated  and  known 

Shall  be  a  body  corporate 

Property  of  districts  shall  vest  in  new  district 

Directors  of,  shall  have  control  of  all  property : 

School  Funds: 

How  apportioned  by  Superintendent  of  Public  Instruction 

How  apportioned  by  county  superintendent 

Not  apportioned  to  districts  failing  to  have  school 

From  what  sources  dirived 

Exclusively  for  current  use  of  schools 

Losses  to,  shall  be  a  permanent  bebt  upon  the  state 

School  Laws— (See Code  of  Public  Instruction). 

School  Meeting— Penalty  for  disturbance  of 

School  Meeting— (See  meetings). 
School  Officers  : 

May  administer  oaths  in  certain  cases 

Shall  deliver  property  to  successor 

Shall  take  oath  of  office 

Authority  validated 

Second  Grade  Certificates 

Secretaby— State  board  of  education  : 

Shall  be  elected  by  board 

Shall  keep  a  record  of  proceedings 

Shall  file  certified  copy  of  record  with  Suprintendent  of  Public  Instruction. 
Secretary— City  board  of  directors  : 

Shall  not  be  a  member  of  the  board 

Salary  of 

May  be  removed,  how,  and  by  whom 

Duties  of 

Shall  give  bond  and  take  oath 

Shall  make  reports  from  time  to  time 

Shall  take  census,  may  appoint  census  enumerators'. 

Shall  act  as  purchasing  agent 

Shall  be  supervisor  of  buildings 

Register  voters 

Administer  oaths 

Superintendent— City  :  » 

Shall  be  elected,  in  cities  of  10,000  or  more,  by  vive  voce  vote 

Compensation,  fixed  by  board  of  directors 

Shall  report  to  Superintendent  of  Public  Instruction 

Report  of.  accepted  in  lieu  of  teacher's  report $. 

Shall  supervise  graded  schools 

Special  Certificates 

Special  Tax 

State  Certificates 

State  Certificates 

State  Certificates  Without  Examination 

State  School  Fund 

State  Constitution 

Superintendent  of  Common  Schools,  County  : 

Shall  give  number  to  consolidated  district 

Shall  record  boundaries  of 

Shall  certify  organization  of,  to  whom , . . 

Shall  post  notices  and  conduct  hearing  for  formation  of  joint  districts 

Shall  certify  consent  for  forming  joint  district 

Shall  call  jointly  election  for  formation  of  joint  districts 

May  order  segregation  of  reports  from  joint  districts 

Eligibility  of  candidates  for 

Shall  countersign  contracts  of  teachers 

Shall  approve  contracts  for  furniture,  charts,  etc.,  as  to  quality  and  price  — 

Shall  pay  examination  fees  to  county  treasurer 

Election  of,  tenure  of  office,  oath,  bond ;   

May  appoint  a  deputy 


fee. 

Page. 

75 

51 

75 

51 

75 

51 

75 

51 

75 

51 

22 

25 

33 

32 

175 

93 

109 

62 

110 

62 

110 

62 

61 

47 

60 

47 

61 

47 

63 

48 

137 

78 

27 

29 

27 

29 

27 

29 

80 

54 

80 

54 

80 

54 

84 

54 

85 

55 

85 

55 

93 

58 

85 

55 

85 

55 

2 

119 

9 

122 

81 

54 

92 

56 

74 

51 

52 

44 

74 

51 

137 

79 

112 

63 

137 

78 

138 

79 

139 

80 

109 

61 

137 

12 

20 

12 

20 

12 

20 

17 

21 

17 

22 

17 

21 

18 

22 

31 

30 

33 

31 

40 

36 

103 

60 

30 

29 

30 

30 

INDEX  TO  CODE.  233 

Superintendent  of  Common  Schools,  CovsTY—Conti?iued.  Sec.    Page. 

Vacancy  in  office  of.  how  tilled 30  30 

Shall  exercise  supervision  over  schools 33  30 

Shall  visit  schools 33  31 

Shall  distribute  blanks,  circulars,  etc 33  31 

Shall  enforce  course  of  study,  regulations,  etc 33  31 

Keep  on  file  reports  of  Superintendent  of  Public  Instruction 33  31 

Shall  keep  a  record  of  official  acts 33  31 

Shall  preserve  all  reports  of  school  officers 33  31 

Shall  administer  oaths 33  31 

Shall  keep  record  of  contracts  to  teach 33  31 

Shall  forward  manuscripts  of  persons  examined 143  82 

Shall  make  annual  report  to  the  Superintendent  of  Public  Instruction 33  31 

Shall  keep  transcript  of  and  harmonize  school  district  boundaries 33  32 

Snail  furnish  to  clerks  description  of  boundaries  33  32 

Shall  appoint  school  officers,  when 33  32 

Shall  apportion  school  funds,  how,  when 33  32 

Shall  grant  temporary  certificates  and  conduct  examinations 33  32 

Shall  grant  special  certificates,  when 33  32 

Shall  give  notice  of  examination  of  teachers 33  32 

Shall  require  all  reports  to  be  made  promptly 34  33 

Shall  see  that  teachers'  and  clerks'  records  are  properly  kept 34  33 

Shall  require  oaths  of  school  district  officers  to  be  filed 34  33 

Shall  report  directory  of  school  district  officers  to  county  treasurer 34  33 

Shall  keep  office  open  certain  days  and  hours 35  33 

Shall  forfeit  ?50  for  failure  to  make  report 160  89 

Shall  send  transcript  of  record  in  case  of  appeal 36  34 

Shall  receive  mileage,  for,  when 3s  34 

May  form  new  districts,  how 4  14 

May  change  boundaries  of  districts,  how 5  16 

Shall  certify  action  to  county  commissioners,  when 5  17 

Shall  apportion  money  to  new  school  district,  when 116  65 

Shall  deduct  25  per  cent,  of  district  funds,  when 174  92 

Shall  appoint  directors  to  fill  vacancies,  when 33  32 

Shall  decide  cases  of  appeal 47  40 

Shall  apoint  clerk  to  fill  vacancy 48  40 

Shall  certify  to  directors,  quarterly,  of  clerk's  reports 50  43 

Shall  appoint  school  officers  on  failure  to  elect 33  32 

Shall  make  a  record  of  school  district  boundaries  and  assign  a  number 12  20 

Shall  hold  institutes  and  teachers' meetings 33  33 

Shall  keep  detailed  account  of  institute  expenses 104  61 

Shall  see  that  fines,  penalties,  etc.,  are  reported 161  89 

Shall  forbid  payment  of  warrants  in  certain  cases 162  89 

Shall  preserve  certificates  of  elections 155  87 

Shall  examine  accounts  of  city  districts,  when 91  56 

Shall  report  defective  youth 253  116 

Liability  for  failure  to  report  defective  youth 256  117 

Penalty  for  not  making  report 160  89 

Superintendent  of  Public  Instruction  : 

When  elected,  term  of  office 20  23 

Shall  supervise  all  matters  relating  to  public  schools 22  23 

Shall  receive  salary  of  ?2,500  per  annum 21  23 

Shall  report  to  governor,  biennially,  what 22  23 

Shall  distribute  biennial  reports 22  24 

Shall  prepare,  have  printed  and  distribute  blanks,  forms,  books,  etc 22  24 

Shall  travel,  visit  schools,  deliver  addresses,  etc 22  24 

Shall  submit  statement  of  expenses  to  State'  Auditor 22  24 

Shall  have  printed  laws,  with  forms 22  24 

Shall  be  ex  officio  president  of  state  board  of  education 22  24 

Shall  hold  convention  of  county  superintendents  biennially 22  25 

Shall  apportion  state  school  fund,  how 22  25 

Shall  require  reports  from  private  and  state  institutions  of  learning 22  26 

Shall  keep  directory  of  regents,  trustees,  teachers  and  faculties 22  26 

Shall  grade  examination  papers  and  issue  certificates  to  applicants 22  26 

Shall  keep  on  file  papers  and  records  relative  to  educational  affairs 22  27 


234  INDEX   TO  CODE. 

Superintendent  of  Public  Instruction—  Continued.  Sec.  Page. 

May  make  certifled  copies  of  official  papers 22  27 

Shall  decide  points  of  school  law,  and  publish  rulings  and  decisions 22  27 

Shall  deliver  all  records  to  successor 22  27 

May  employ  a  stenographer  and  appoint  a  deputy 23  27 

Shall  render  decisions  on  appeals 36  34 

Superior  Judge  : 

Shall  remove  children  not  sent  to  school 177  94 

Shall  summon  parents  or  guardians  to  show  cause 171  91 

T. 

Taxes  : 

Annual  levy  in  cities  of  10,000 97  59 

Limit  of  levy  in  cities  of  10,000 98  59 

Annual  levy  of  state  school  fund Ill  63 

Limit  of  levy  of  state  school  fund Ill  63 

Special  tax  levy 112  63 

County  commissioners  to  levy  interest  fund  on  bonds 121  69 

Teachers : 

Who  are  qualified  teachers 51  43 

Shall  report  to  county  superintendent  on  making  contract 52  43 

Shall  make  report  at  close  of  term  or  school  year 52  44 

Shall  file  copy  of  report  with  clerk  before  last  month's  salary  can  be  paid. . .  52  44 

Principal  or  city  superintendent  may  report  in  lieu  of 52  44 

Shall  keep  register  and  make  statistical  summaries 53  44 

Shall  enforce  course  of  study  and  rules 54  44 

Shall  be  employed  only  on  written  order  of  board 55  45 

Must  hold  a  legal  certificate  in  force  for  full  period  of  contract 55  45 

Not  required  to  teach  holidays  or  Saturdays 56  45 

Shall  maintain  order 57  45 

May  suspend  pupils 57  45 

Shall  teach  morality,  patriotism,  etc 58  45 

Shall  not  maltreat  pupils 167  91 

May  dismiss  primary  pupils,  when 66  48 

Shall  be  excluded  from  school,  when 68  49 

Must  attend  institute 99  60 

Shall  be  entitled  to  compensation  while  at  institute  if  teaching 102  60 

Shall  forfeit  certificate  for  non-attendance  at  institute 168  91 

Shall  be  exem pt  from  maltreatment  of  parents  and  others 169  91 

Penalty  for  abusing 169  91 

Teacher's  Institutes  : 

Must  be  held  annually  in  certain  counties '  99  60 

May  be  held  annually,  when 100  60 

Duration  of  session 101  60 

Expenses  of  institute,  how  paid 104  61 

All  teachers  must  attend 99  60 

Institute  fund  consists  of  examination  fees  and  ?200  from  county  funds 103  60 

Temporary  certificates 137  79 

Temporary  certificates— Upon  what  evidence  granted 146  83 

Text-Books  : 

By  whom  adopted 105  61 

Cities  of  10,000  may  adopt  additional  text-books 92  56 

Penalty  for  failure  to  use  state  books 174  92 

For  normal  schools 223  111 

Free  Text-Books  : 

Furnishing  of,  directors  may  furnish 106  61 

Directors  may  levy  tax 107  61 

Directors  may  acquire  books  by  purchase  or  donation 7 107  61 

Directors  shall  furnish  books  and  adopt  rules 108  61 

Treasurer— County  : 

Shall  be  ex  officio  treasurer  of  school  districts 59  45 

Shall  receive,  hold  and  pay  out  money 59  46 

Shall  certify,  quarterly,  funds  to  be  apportioned 59  46 

Shall  make  annual  report  to  county  superintendent 59  46 


INDEX   TO  CODE.  235 

Treasurer— County — Continued.                                                                                      Sec.  Page. 

Shall  register  school  warrants 59  46 

Shall  endorse  warrants  when  not  paid 59  46 

Shall  advertise  warrants  quarterly 59  47 

Shall  neither  pay  nor  register  warrants  improperly  drawn 62  47 

Shall  be  ex  officio  treasurer  of  city  districts 88  55 

Shall  submit  to  secretary  of  city  district  a  quarterly  report 88  55 

Shall  credit  examination  fees  to  institute  fund 103  60 

Shall  collect  and  hold  school  funds 112  64 

Shall  collect  special  taxes 112  64 

Shall  pay  warrants  according  to  their  presentation 114  65 

Shall  receive  all  fines  and  place  same  to  credit  of  proper  district 113  64 

Shall  transmit  funds  to  State  Treasurer 113  64 

Shall  receive  moneys  paid  by  school  district  officers 42  38 

Shall  advertise  school  bonds  for  sale 1 19  67 

Shall  register  schooi  bonds 119  67 

Shall  canvass  bids  for  bonds 120  68 

Shall  deliver  bonds  to  purchaser  and  receive  proceeds 120  68 

Shall  pay  interest  on  bonds  when  due,  and  report 122  69 

Shall  notify  holders  of  bonds  of  redemption  125  70 

Shall  publish  notices,  pay  and  cancel  bonds 127  71 

Shall  deliver  canceled  bonds  to  directors 127  71 

Truant  Officers: 

Must  be  appointed  in  cities  of  10,000 3  126 

Shall  make  complaint  in  certain  cases 3  127 

Must  visit  establishments  where  children  are  employed 8  128 

Shall  demand  names  of  children  employed 9  128 

Trustees: 

Normal  Schools 213  107 

School  for  defective  youth 230  113 

Tuition: 

Normal  schools 221  110 

School  for  defective  youth 229  113 

School  for  defective  youth 251  116 

University  of  Washington 183  96 

U. 

University  of  Washington  : 

Establishment 182  95 

Subjects  taught 183  95 

Tuition  free 183  96 

Admission  of  students 183  96 

Board  of  regents,  to  consist  of 184  96 

Board  of  regents,  term  of  office 184  96 

Board  of  regents,  vacancy 184  96 

Board  of  regents,  oath  of  office 184  97 

Board  of  regents,  organization 185  97 

Board  of  regents,  meetings 185  97 

Board  of  regents,  powers  and  duties 186  97 

Board  of  regents,  general  control 186  97 

Board  of  regents,  to  prescribe  courses  of  study 186  97 

Board  of  regents,  to  grant  diplomas 186  97 

Board  of  regents,  to  receive  gifts  and  gratuities 186  98 

Board  of  regents,  to  give  bonds  to  war  department 186  98 

Board  of  regents,  to  make  biennial  report 186  98 

Board  of  regents,  expenses  of 186  98 

Faculty 187  98 

Non-sectarian  control 188  99 

Attorney  general,  legal  adviser 189  99 

Union  Schools  : 

How  formed 9  18 

Directors  of 9  18 

Directors,  how  organized 9  18 

Directors,  how  organized 10  19 


236  INDEX  TO  CODE. 

Union  Schools—  Continued.  Sec.    Page. 

Directors  may  levy  tax 10  19 

May  prescribe  course  of  study 10  19 

Teachers  of,  must  make  report 11  19 

V. 

Vacancies  : 

On  state  board  of  education 26  28 

County  superintendent 30  30 

School  district  director 39  36 

School  district  clerk 48  40 

School  directors  in  cities  of  10,000 89  55 

Regents,  university  of  Washington 184  96 

Regents,  agricultural  college 194  101 

Trustees,  normal  schools 213  107 

Trustees,  school  for  defective  youth 233  113 

Vaccination — Required 92  57 

Validation  : 

Of  school  officers'  authority 63  48 

Of  certificates  and  diplomas 136  78 

VALIDATION  OF  DEBTS  : 

School  districts  may  validate,  when 128  71 

Directors  shall  provide  for,  by  resolution  129  72 

Three-fifths  vote  neecessary. 129  72 

Directors  shall  determine  voting  places 130  72 

Election  for,  how  held 130  72 

Judges  of  election  shall  count  and  certify  vote 130  74 

Clerk  shall  post  notices  of  election 131  74 

Directors  may  issue  bonds 132  75 

Interest  shall  not  exceed  six  per  cent 132  75 

Directors  shall  determine  the  amount  and  character  of  bonds 133  75 

Warrants  may  be  exchanged  for  bonds • 134  76 

Directors  shall  notify  the  county  treasurer 135  76 

Annual  expense  thereafter  not  to  exceed  revenue 135  77 

County  commissioners  shall  levy  tax,  when 135  77 

Vice  President  : 

Of  directors  in  cities  of  10,000 80  54 

Duties  of  !  ■  •  83  54 

Vivisection— Penalty  for 1'3  92 

Forbidden,  except  in  dental  or  medical  department  of  school 1  125 

W. 

War  Department  —  Bonds  to,  by  regents  of  university 186  98 

Warrants  : 

Shall  be  registered 59  45 

Improperly  drawn,  not  paid 62  47 

Order  of  payment 114  65 

May  be  exchanged  for  bonds 134  76 

Women  Eligible: 

To  school  offices 176  93 

Must  register 1  H9 


ALPHABETICAL  INDEX  TO  CONSTITUTION. 


Sec. 

Absconding  Debtors  —  Not  privileged  from  imprisonment  for  debt 17 

Absence  —  Of  governor,  duties  devolve  upon  lieutenant  governor 10 

Of  governor  and  lieutenant  governor,  duties  devolve  upon  secretary  of 

state 10 

Of  judical  officer,  shall  work  forfeiture  of  office 8 

Of  other  persons  in  certain  cases,  shall  not  effect  residence  for  purpose  of 
voting  or  election  to  office 4 

Acceptance  of  certain  offices  under  U.  S.  to  vacate  seat  in  legislature 14 

Accused  : 

Rights  of,  to  defense  in  criminal  prosecutions 22 

Rights  of,  in  removal  from  office  by  legislature 9 

Act: 

Not  to  be  revised  or  amended,  unless  set  forth  in  full 37 

May  become  a  law,  how 12 

Actions,  Suits,  Contracts,  Etc.  : 

Not  to  be  affected  by  change  in  form  of  government 1 

Pending,  to  be  transferred  to  state  courts 5 

All  pending  actions,  with  papers,  etc.,  to  be  transferred  to  proper  courts.      8 
Pending  actions  in  supreme  court  of  territory  transferred  to  supreme 
court  of  state 8 

Adjournment  of  Legislature  : 

For  want  of  quorum 8 

Powers  restricted  as  to  time  and  place 11 

adoption  of  Children  shall  not  be  authorized  by  special  acts  of  legislature    28 

Ad  vice  and  Consent  of  Senate  — Appointment  of  officers  for  state  institu- 
tions to  be  by  and  with 1 

Affirmation  :     ( See  Oath.) 

Alienation  of  Franchise— Not  to  relieve  corporations  from  liabilities 8 

Aliens  : 

Ownership  of  land  by.  prohibited  except  in  certain  cases 33 

Corporations  aliens,  if  majority  of  stock  is  owned  by  aliens 33 

Amendment  to  Charter  of  Town  by  special  legislation,  prohibited 28 

Amendments  to  Constitution  : 

Proposed  in  either  house 

Two-thirds  vote  necessary  in  each  house 

Votes  to  be  taken  by  ayes  and  noes 

Must  be  ratified  by  electors  at  general  election 

Must  be  voted  upon  se parately 

Must  be  published  three  months  before  election 

Amknd.mk.nts  to  Bills  : 

May  be  made  in  either  house 20 

Not  to  change  scope  or  object  of  original  bill 38 

annulment  of  Marriage  : 

Appellate  jurisdiction  of  supreme  court 4 

Original  jurisdiction  of  superior  courts 6 

Appellate  Jurisdiction  : 

Of  supreme  court 4 

Of  superior  court 6 

Of  superior  court  over  decisions  of  probate  court 10 

Appointment  : 

To  office  under  U.  S.,  effect  on  legislator  if  office  is  accepted 14 

Of  officers  of  state  institutions,  to  be  made  by  governor 1 

(237) 


Art. 

Page. 

1 

139 

3 

149 

3 

149 

4 

156 

6 

163 

2 

143 

1 

139 

4 

157 

2 

147 

3 

149 

27 

187 

27 

188 

27 

189 

142 
142 
145 


146 
146 
145 

184 
184 
184 
184 
184 
184 

144 
145 

154 
155 

154 
155 
190 

143 

177 


238  INDEX  TO   CONSTITUTION. 

Apportionment  :  Sec. 

Of  legislators  to  be  made  after  each  census 3 

Persons  excluded 3 

Of  legislature 

Appropriations  : 

Necessary  to  draw  money  from  state  treasury 4 

Payment  to  be  made,  when 4 

Sum  and  object  to  be  specified 4 

Can  be  made  for  capitol  building 3 

Area  Reserved  : 

Between  harbor  line  and  line  of  high  tide 1 

Restrictions  on  sale  by  state 1 

Arms  —  Right  of  people  to  bear 24 

Army  —  Standing,  not  to  be  kept 31 

Arrest : 

Members  of  legislature  privileged  from 16 

Except  for  certain  crimes 16 

Electors  privileged  from,  on  election  day,  except 5 

Members  of  militia  priviledged  from,  when 5 

Artificial  Light  —  Right  of  cities  to  contract  debt  for 6 

Assemblages  of  People  — Right  to  assemble  peaceably  not  to  be  abridged. .  4 

Assessment  : 

Appellate  jurisdiction  of  supreme  court 4 

Original  jurisdiction  of  superior  court 6 

Uniform  and  equal  rate  of,  to  be  established  ( see  Tax,  Taxation ) 2 

Assignment  of  counties  to  each  judge  of  superior  court 5 

Association : 

Included  in  term  "  corporations  " 5 

May  organize  to  construct  telegraph  and  telephone  lines 19 

Combination  to  fix  price,  limit  production,  etc.,  of  any  product  prohibited  22 

Attainder,  Bills  of—  Prohibited 23 

Attorney  General: 

When  and  by  whom  elected 1 

Term  of  office 3 

Duties  of 21 

Salary  of 21 

May  be  removed  for  incompetency,  etc.,  by  legislature 9 

Rights  of  accused 9 

Liable  to  impeachment 2 

Auditor: 

When  and  by  whom  elected 1 

Term  of  office 3 

Duties  of 20 

Salary  of 20 

Must  reside,  where 24 

Office  may  be  abolished  by  legislature 25 

Ayes  and  Noes: 

To  be  taken  in  voting  upon  nominations  by  governor  for  officers  of  state 

institutions 1 

And  entered  on  the  journal , 1 

On  proposed  amendment  to  constitution 1 

To  be  entered  on  journal 1 

( See  Yeas  and  Nays.) 

B. 

Bail: 

Excessive  not  to  be  required 14 

Allowed  on  sufficient  sureties 20 

Except  for  capital  offenses 20 

Ballot  : 

All  elections  to  be  by 6 

Form  of.  for  separate  articles  voted  on 18 

Banking  Corporations: 

Liability  of  stockholders  of 11 

Liability  of  any  officer  of,  for  receiving  deposit  after  knowledge  of  in- 
solvency of  bank 12 


lit. 

Page. 

2 

141 

2 

141 

22 

181 

8 

164 

8 

164 

8 

164 

14 

178 

15 

178 

15 

178 

1 

140 

1 

140 

2 

143 

2 

143 

6 

161 

10 

168 

8 

165 

1 

137 

4 

154 

4 

155 

7 

165 

4 

154 

12 

173 

12 

175 

12 

176 

1 

139 

3 

148 

3 

148 

3 

151 

3 

151 

4 

157 

4 

157 

5 

160 

3 

148 

3 

148 

3 

151 

3 

151 

3 

152 

3 

152 

13 

177 

13 

177 

23 

184 

23 

184 

1 

138 

1 

139 

1 

139 

6 

161 

27 

192 

12 

174 

12 

174 

INDEX  TO   CONSTITUTION.  239 

Sec.  Art.  Page. 

Beds  and  Shores  of  Navigable  Waters  — State  asserts  ownership  of 1  17  180 

Biennial  sessions  of  legislature 12  2  142 

Bill  : 

No  law  except  by  bill 18  2  143 

To  embrace  only  one  subject 19  2  144 

May  originate,  where 20  2  144 

Requisites  at  final  passasre  of 22  2  144 

Must  be  signed  by 32  2  146 

Limitation  of  time  for  introduction 36  2  147 

To  be  presented  to  governor  for  approval 12  3  149 

Governor  may  sign  or  veto 12  3  149 

Passage  over  veto 12  3  149 

When  to  become  law 12  3  149 

Bonds: 

County,  city,  township,  etc.,  not  to  own  stocks  or  bonds  of  corporation...  7  8  165 

Of  corporations  not  to  be  issued  except  for  money,  property  or  labor 6  12  173 

Executed  to  the  territory  to  pass  to  the  state 4  27  188 

Boundaries  of  state 24  185 

Bribery  : 

To  be  punished  how 30  2  146 

Compulsory  testimony  in  cases  of 30  2  146" 

A  disqualification  for  office 30  2  146 

Bureau  of  Statistics,  Agriculture,  etc.,  to  be  established  by  legislature  34  2  147 

Bureau  of  Vital  Statistics  to  be  established  by  legislature 1  20  181 

C. 

Canal  Companies  (See  Railroads.) 

Capitol  Buildings  — No  appropriation  to  be  made  for,  until,  when 3  14  178 

Capital  Offense  — Bailable,  when 20  1  139 

Census —  (  See  Enumeration  and  Inhabitants.) 

Certiorari: 

J  urisdiction  of  supreme  court 4  4  154 

Jurisdiction  of  superior  court 6  4  156 

Change  in  Name  by  special  legislation  prohibited 28  2  145 

Charter  : 

Cannot  be  amended  by  special  legislation 28  2  145 

Void  for  want  of  organization 2  12  172 

Not  to  be  extended 3  \o-  172 

(See  City.) 

Chief  Justice  of  Supreme  Court: 

Who  to  be 3  4  153 

Must  preside  on  trial  of  impeachment,  when 1  5  160 

City: 

Power  to  levy  tax  for  local  improvements 9  7  163 

Power  to  assess  and  collect  taxes 9  7  163 

Assessment,  how  ascertained 6  8  165 

Charter  of,  how  obtained 10  11  170 

To  be  submitted  to  electors  of 10  11  170 

Approval  of  majority  of  electors  necessary 10  11  170 

To  be  published 10  11  170 

Election  for  adoption  to  be  upon  notice 10  11  170 

May  be  amended 10  11  171 

Alternate  articles  may  be  voted  on  separately 10  11  170 

Civil  Actions: 

Limitation  of,  by  special  acts  prohibited 28  2  145 

Number  of  jurors  in 21  1  139 

Number  necessary  for  verdict 21  1  139 

Parties  may  waive  jury 21  1  139 

Classification  of  judges  of  supreme  court  by  lot 3  4  153 

Clerk : 

Of  supreme  court,  judges  to  appoint 22  4  159 

But  legislature  may  provide  for  election 22  4  159 

Salary  of.  to  be  provided  by  law 22  4  159 

Collection  of  Taxes  —  Time  not  to  be  extended  by  special  acts 28  2  145 


240  INDEX   TO   CONSTITUTION. 

Combination:  Sec. 

By  common  carriers  to  share  earnings,  prohibited 14 

To  affect  price,  production  or  transportation  of  any  commodity,  prohibited.  22 

Commander  in  Chief  of  military 8 

Commissioner  of  Public  Lands: 

When  and  by  whom  elected 1 

Term  of  office 3 

Salary  of 23 

Duties  of 23 

Records  of,  to  be  kept  at  state  capital 24 

6-ffice  may  be  abolished  by  legislature 25 

Commissions: 

To  be  signed  by  governor 15 

To  be  attested  by  Secretary  of  State 15 

Common  Carriers: 

Railroad,  canal  and  other  transportation  companies  are 13 

And  subject  to  legislative  control 13 

Telegraph  and  telephone  companies  are 19 

(See  Railroads.) 

Common  School  Fund: 

Revenue  and  income  to  be  applied  to  common  schools 2 

Revenue  derived  from,  shall  be  applied  to  current  use  of 3 

Principal  to  remain  permanent , 3 

Derived  from  what  source 3 

Legislature  may  provide  for  enlarging 3 

Losses  occasioned  by  default,  fraud,  etc.,  to  become  a  permanent  funded 

debt  against  state 5 

Interest  to  be  paid  on  debt,  what 5 

Not  to  be  loaned  to  anyone 5 

How  to  be  invested 5 

Common  Schools  —  Not  subject  to  private  or  special  acts 28 

( See  Public  Schools.) 

Commutation  of  Sentence: 

Each  case  of,  to  be  reported  by  governor  to  legislature 11 

Wilt)  reasons  for  granting  the  same 11 

Commutation  of  State  Taxes  prohibited 9 

Commutation  Tickets  —  May  be  at  special  rates 15 

Compensation  : 

To  be  first  made  on  taking  property  for  public  use 16 

To  be  made  for  right-of-way  to  use  of  corporations 16 

To  be  ascertained  by  a  jury 16 

Of  members  of  the  legislature 23 

Extra,  to  any  public  officer  cannot  be  granted 25 

Of  public  officers  not  to  be  changed  during  term 25 

Of  state  officers  shall  not  be  increased  or  diminished  during  term  (see 

salaries.) 25 

Conditions  on  foreign  corporations 7 

Confession  in  Open  Court  —  Effect  in  treason 27 

Congress: 

Member  of,  not  eligible  to  legislature 14 

Legislators  elected  to,  must  vacate  seat 14 

To  have  exclusive  legislation  over  lands  of  U.  S 

Subject  to  certain  conditions 

To  have  control  of  Indian  lands 2 

Consent  of  Governed  —  Origin  of  just  powers  of  government 1 

Consolidation  of  competing  lines  of  railroads  prohibited 16 

Constables  —  Legislature  to  fix  salaries  of  certain 8 

Constitution: 

Of  IT.  S..  supreme  law  of  land 2 

Of  state,  provisions  mandatory 29 

Modes  of  amending 1 

Convention  to  amend,  may  be  called 2 

Mode  of  revising 2 

To  be  submitted  to  people 3 

To  go  into  effect,  when 16 


.rt. 

Page. 

12 

175 

12 

176 

3 

149 

3 

148 

3 

148 

3 

152 

3 

152 

3 

152 

3 

152 

3 

150 

3 

150 

12 

174 

12 

174 

12 

175 

9 

166 

9 

166 

9 

166 

9 

166 

9 

166 

9 

167 

9 

167 

16 

180 

16 

780 

2 

144 

3 

149 

3 

149 

11 

170 

12 

175 

1 

138 

1 

138 

1 

138 

2 

144 

2 

144 

2 

144 

3 

152 

12 

173 

1 

140 

2 

143 

2 

143 

25 

185 

25 

185 

26 

186 

1 

137 

12 

175 

11 

170 

1 

137 

1 

140 

23 

184 

23 

184 

23' 

184 

23 

184 

27 

192 

INDEX   TO   CONSTITUTION.  241 

Constitution—  Continued.                                                                                          Sec.  Art.    Page. 

Terms  of  officers,  when  to  begin 16  27         192 

Contempt  and  Disorderly  Behavior— Each  house  may  punish  for 9  12        142 

Contracts: 

Obligations  of,  not  to  be  impaired 23  1         139 

Affecting  price,  production  or  transportation  of  any  commodity  prohibited,  22  12         176 

Existing,  not  to  be  affected  by  change  in  form  of  government 1  27         187 

Convention  to  Revise  or  amend: 

How  and  when  formed 2  23         184 

To  consist 2  23         184 

Convection: 

Not  to  work  corruption  of  blood  or  forfeiture  of  estate 15  1         138 

On  impeachment,  two-thirds  senators  must  concur ; 1  5         160 

Convict  Labor: 

Not  to  be  let  out  by  contract 29  2         145 

To  be  provided  for  by  legislature 29  2         145 

Copartnerships— Not  to  combine,  etc.,  to  affect  the  price,  production  or  trans- 
portation of  any  commodity 22  12         176 

Coroners  may  or  may  not  be  salaried  officers 8  11         170 

Corporate  Powers  cannot  be  granted  by  special  legislation 28  2         144 

Corporations  : 

Equal  privileges  and  immunities  to 12  1         138 

To  pay  compensation  for  right-of-way 16  1         138 

Shall  not  be  relieved  from  debt  by  special  acts 28  2         144 

When  alien 33  2         146 

Property  to  be  taxed  like  that  of  individuals 3  7         163 

State  not  to  surrender  power  to  tax 4  7         163 

To  be  formed  under  general  laws 1  12         172 

Laws  relating  to,  may  be  altered,  amended  or  repealed 1  12         172 

May  be  regulated  or  restrained  in  their  business 1  12         172 

Certain  existing  charters  and  franchises  to  be  invalid 2  12         172 

Liability  of  stockholders  of 4  12         172 

Of  banking,  etc.,  shall  be  individually  and  personally  liable,  etc 11  12         174 

Banking  and  insurance  companies  excepted 4  12         172 

Stockholders  may  be  joined  as  parties  defendant 4  12         172 

Term  includes  associations  and  joint  stock  companies 5  12         173 

May  sue  and  be  sued 5  12         173 

Restriction  on  issue  of  stocks  or  bonds 6  12         173 

Consent  of  stockholders  necessary  to  increase  of  stock 6  12         173 

Notice  to  be  given  on  increase  of  stock 6  12         173 

Foreign  corporations  not  to  be  favored 7  12         173 

Not  relieved  from  liability  by  lease  or  alienation  of  franchise 8  12         173 

State  not  to  subscribe  for  stock  of 9  12         173 

Subject  to  right  of  eminent  domain 10  12         173 

Not  to  issue  anything  but  lawful  money  of  the  United  States 11  12         174 

Liabilities  of  stockholders  in  banking,  insurance  and  joint  stock  companies  11  1 2         174 
Liabilities  of  officers  of  banks  for  receiving  deposits  after  knowledge  of 

insolvency 12  12         174 

Right  to  organize  and  construct  telegraph  and  telephone  lines 19  12         175 

Combination  affecting  the  price,  production  or  transportation  of  any  com- 
modity, prohibited 22  12         176 

(See  Railroads.) 

Corrupting  Legislators— (See  Bribery.) 

Corruption  in  Office  —Who  may  be  removed  for 9 

Corruption  of  Blood— Conviction  not  to  work 15 

County: 

Assignment  of  judges  of  superior  court 5 

Existing  to  be  legal  subdivisions  of  state I 

Restrictions  on  formations  of  new 3 

Majority  of  voters  necessary  to  reduce  territory  of 3 

Debts  to  be  apportioned  on  enlargement  or  division  of 

Not  to  apply  to  certain  property  or  to  affect  creditors 3 

Legislature  to  provide  a  system  of  government  for 4 

Organization  under  township 4 

—16 


4 

157 

1 

138 

4 

154 

11 

168 

11 

168 

11 

168 

11 

168 

11 

168 

11 

169 

11 

169 

242  INDEX   TO  CONSTITUTION. 

County — Continued.  Sec. 

Not  to  be  relieved  of  proportionate  share  of  taxes 9 

County.  City  or  Township: 

Power  of,  to  contract  debts 6 

Limit  of  indebtedness 6 

Assent  of  three-fifths  of  voters  necessary 6 

Assessment,  how  ascertained 6 

Restriction  as  to  purpose 6 

May  contract  additional  debts  for  water,  etc 6 

Not  to  give  or  loan  its  credit,  except 7 

Not  to  own  stock  or  bonds  of  corporation 7 

May  enforce  local  police  and  sanitary  regulations 11 

To  assess  and  collect  taxes 12 

Use  of  money  by  official,  a  felony 14 

All  moneys  to  be  deposited  with  the  treasurer 15 

County  Clerk: 

To  be  clerk  of  superior  court 26 

Legislature  to  provide  tor  election  of 5 

To  prescribe  duties,  fix  term  and  compensation 5 

To  provide  for  strict  accountability 5 

County  Commissioners: 

May  fill  vacancies  in  county,  township,  etc.,  offices  (see  County  officers) . .  6 

County  Lines— Change  of,  by  special  acts  prohibited 28 

County  Officers: 

Time  of  election  of 8 

Election  to  be  biennial 8 

Legislature  to  provide  for  election  of 5 

Duties  and  term  of  office  to  be  prescribed  by  law 5 

Compensation  to  be  regulated 5 

Accountability  for  fees 5 

Not  to  hold  office  for  more  than  two  terms  in  succession 7 

Legislature  to  fix  sal aries  of 8 

Who  may  or  may  not  be  salaried  officers 8 

Guilty  of  felony  for  using  money  of  county 14 

County  Seat: 

Change  of,  by  special  act  prohibited 28 

Proceeding  for  removal  of 2 

Three-fifths  vote  required..! 2 

Proposition  can  be  made  but  once  in  four  years 2 

County  Commissioners: 

Judge  of  supreme  court  may  appoint 23 

Authority  and  duties  of 23 

Courts: 

Of  record,  what 11 

Inferior,  Legislature  may  prescribe  jurisdiction  of 12 

Credit  : 

Of  state  not  to  be  given  or  loaned 5 

State  shall  not  subscribe  to  stock  of  corporation  or  loan  its  credit 9 

Of  county,  city,  etc.,  not  to  be  given  or  loaned 7 

Crime — Persons  charged  with,  to  be  bailable 20 

Criminal  Actions: 

No  person  to  be  compelled  to  testify  against  himself 9 

Rights  of  accused  in 22 

Limitation  of,  by  special  act  prohibited 28 

Appellate  jurisdiction  of  supreme  court 4 

Original  jurisdiction  of  superior  court 6 

Upon  change  in  form  of  government  to  be  prosecuted  in  name  of  state. . .  5 

Cruel  Punishment  not  to  be  inflicted 14 

D. 

Damage  not  to  be  done  for  public  use  without  compensation 16 

Debate— Member  of  Legislature  not  to  be  liable  for  words  spoken  in 17 

Debts: 

Imprisonment  for,  not  allowed 17 

Absconding  debtors  excepted  (see  State  Indebtedness,  Territory) .  17 


rt. 

Page. 

11 

170 

8 

165 

8 

165 

8 

165 

8 

165 

8 

165 

8 

165 

8 

165 

8 

165 

11 

171 

11 

171 

11 

172 

11 

172 

4 

160 

11 

169 

11 

169 

11 

169 

11 

168 

2 

144 

6 

162 

6 

162 

11 

169 

11 

169 

11 

169 

11 

169 

11 

170 

11 

170 

11 

170 

11 

172 

2 

144 

11 

168 

11 

168 

11 

168 

4 

159 

4 

159 

4 

157 

4 

157 

8 

165 

12 

173 

8 

166 

1 

139 

1 

137 

1 

139 

2 

144 

4 

154 

4 

155 

27 

188 

1 

138 

1 

138 

2 

143 

1 

139 

1 

139 

2 

145 

4 

159 

1 

139 

4 

157 

8 

1C4 

2 

144 

3 

149 

INDEX  TO   CONSTITUTION.  243 

Decision— (See  Judicial  Decision.)  Sec.    Art.    Page. 

Deeds  cannot  be  made  valid  by  special  legislation 28 

Defects  and  Omissions  in  Laws  to  be  reported  to  Governor,  how 25 

Defense: 

Rights  of  accused 22 

In  removal  from  office 9 

Deficits  ob  Failure  in  the  Revenue— State  may  contract  debts  to  meet..  1 

Delinquency  in  Office— (See  Corruption  in  Office.) 

Disability-  Property  of  persons  under.cannot  be  affected  by  special  legislation,  28 

Disapproval  of  Bills  by  Governor 12 

DlSCBIMINATION  \ 

In  charges  for  transportation  by  any  common  carrier  prohibited 15 

In  the  receipt  and  transmission  of  messages  by  telegraph  or  telephone 

companies  prohibited 19 

By  a  railroad  in  favor  of  any  telegraph  company  prohibited 19 

By  a  railroad  in  favor  of  any  express  company  prohibited 21 

Disobdebly  Behaviob— Each  house  may  punish  for 9 

Disqualification  : 

On  conviction  for  bribery  of  voters 30 

On  conviction  for  impeachment 2 

Distbict  Coubt: 

Records  in  actions  to  be  transferred  to  superior  court,'  when 8 

To  continue  until  superseded  by  superior  court 8 

Duty  of  clerk  in  transmitting  papers  to  county  clerk 8 

Legislature  to  provide  for  election  of 5 

District  Officebs: 

To  prescribe  duties,  fix  term  and  compensation,  etc 5 

Time  of  election  of 8 

Of  territory  to  hold  office  until  when 14 

Official  bonds  to  be  unaffected  by  the  change  in  form  of  gevernment 14 

Elections  to  be  biennial 8 

Di yobce — Legislature  not  to  grant 24 

Dbugs  and  Medicines— Legislature  to  regulate  sale  of 2 

Due  Pbocess  of  Law— No  person  to  be  deprived  of  life,  liberty,  etc.,  without. .  3 

E. 

Eabnings— Combinations  by  common  carriers  to  share,  prohibited 14       12         176 

Education: 

State  to  make  provison  for 1 

No  distinction  on  account  of  race,  color  or  sex 1 

Elections: 

To  be  free,  equal  and  undisturbed 19 

Of  representatives,  when 4 

Of  representatives  after  first  election 5 

To  be  biennial 5 

Of  senators o 

Each  house  to  be  judge  of  election  of  its  own  members 8 

By  Legislature  to  be  viva  voce 27 

For  state  officers,  how  declared 4 

Legislature  to  decide  contested  elections  for  certain  state  officers 4 

Of  judges  of  supreme  court 3 

Who  may  vote  at  1 

Who  not  entitled 1 

Idiots,  insane  persons,  etc.,  excluded  from  elective  franchise 3 

To  be  by  ballot 6 

Time  of,  for  county,  district  and  state  officers 8 

To  be  biennial 8 

Of  officers  under  this  constitution,  time  of 7 

Of  officers  not  provided  for  in  constitution 11 

Evidence,  how  taken,  in  contested  [first!  elections  for  judge  of  superior 

court 11 

First  election  of  representative  to  congress 13 

First  election  to  be  according  to  laws  of  territory 15 


12 

175 

12 

175 

12 

176 

2 

142 

2 

146 

5 

160 

27 

189 

27 

189 

27 

189 

11 

169 

11 

169 

6 

162 

27 

191 

27 

191 

6 

162 

2 

144 

20 

181 

1 

137 

9 

166 

9 

166 

1 

139 

2 

141 

2 

141 

2 

141 

2 

141 

2 

142 

2 

144 

3 

148 

3 

148 

4 

153 

6 

161 

6 

161 

6 

161 

6 

m 

6 

162 

6 

162 

27 

189 

27 

191 

27 

191 

27 

191 

27 

191 

244  INDEX  TO   CONSTITUTION. 


Elective  Franchise:  Sec. 

Not  to  be  denied  at  school  election  on  account  of  sex 2 

Who  excluded  from 3 

Elector: 

Who  qualified 1 

Who  not  qualified 1 

Idiots,  insane  persons,  criminals,  etc. ,  not  qualified 3 

Residence  not  lost  in  certain  cases 4 

Privilege  from  arrest,  when 5 

Exempt  from  military  duty,  when 5 

Legislature  to  secure  secrecy  in  voting 6 

Eminent  Domain: 

Compensation  to  be  first  secured  in  taking  property  for  public  use 16 

Or  in  damaging  same 16 

Corporations  must  make  compensation  for  right-of-way 16 

Corporations  and  franchises  subject  to 10 

Right  extended  to  telegraph  and  telephone  companies 19 

Emoluments,  Privileges  and  Powers— Hereditary,  prohibited 28 

Employments  Dangerous  to  Life,  etc.— Legislature  to  protect  persons  in,  35 

Enacting  Clause  of  statutes 18 

Enumeration  of  Inhabitants:  " 

Legislature  to  provide  for,  when 2 

Who  to  be  excepted  in 3 

To  be  basis  of  new  appointment  of  senators,  etc 3 

Enumeration  of  Rights— Not  to  deny  others  reserved 30 

Equity:    . 

Appellate  jurisdiction  of  supreme  court 4 

Original  jurisdiction  of  superior  court 6 

Evidence: 

No  person  to  be  compelled  to  give,  against  himself 9 

Necessary  to  convict  for  treason 27 

How  to  be  taken  in  case  of  contested  [first]  election  of  superior  court  judge,  12 

Exclusive  Legislation: 

Of  congress  over  certain  lands  of  U.  S 

Subject  to  conditions 

Over  Indian  lands 

Exclusive  Privileges: 

Prohibited 12 

To  be  invalid,  when 2 

Excursion  and  Commutation  Tickets  may  be  at  special  rates 15 

Executive  Department: 

Shall  consist  of  what 1 

Secretary  of  State  to  keep  records  of 17 

Executive  Officers— How  and  when  chosen 1 

Executive  Power— Supreme,  vested  in  Governor 2 

Exemptions: 

From  military  duty,  certain  persons 6 

Of  homestead  from  forced  sale 1 

Expenses  : 

State  may  contract  debt  to  meet 1 

Of  constitutional  convention  to  be  provided  for 19 

Ex  Post  Facto  Law  prohibited 23 

Express  Companies  to  be  allowed  transportation,  etc.,  on  railroads  on  equal 

terms -1       1-         176 

Expulsion  of  Members: 

Power  of  each  house 9 

Restriction  on  power 9 

Extension  of  Time  for  Collection  of  Taxes  by  special  act  prohibited. .  28 

Extinguishment  of  Debt  by  special  act  prohibited 28 

Extra  Compensation  to  public  Officers  prohibited 25 

Extra  Sessions  of  Legislature— When  convened 7 


Art. 

Page . 

6 

161 

6 

161 

6 

161 

6 

161 

6 

161 

6 

161 

6 

161 

6 

161 

6 

161 

1 

138 

1 

138 

1 

138 

12 

173 

12 

175 

1 

140 

2 

147 

2 

143 

2 

141 

2 

141 

2 

141 

1 

140 

4 

154 

4 

155 

1 

137 

1 

140 

27 

191 

25 

185 

25 

185 

26 

186 

1 

138 

12 

172 

12 

175 

3 

148 

3 

151 

3 

148 

3 

148 

10 

168 

19 

181 

8 

164 

27 

193 

1 

139 

2 

142 

2 

142 

2 

144 

2 

144 

2 

144 

3 

149 

INDEX   TO   CONSTITUTION.  245 

F. 

Sec.  Art.  Page. 

Factories  —  Legislature  to  protect  employes  in 35  2  147 

Fakes  and  Freights— (See  Railroads.) 

Federal  Officers  —  Not  eligible  to  legislature 14  2  143 

Fees: 

Prohibited  to  justice  of  the  peace 10  4  157 

Prohibited  to  judicial  officers,  except 13  4  ].~>7 

Felony  for  public  officer  to  use  or  make  profit  out  of  public  money 14  11  172 

Ferries  cannot  be  authorized  by  special  legislation 28  2  144 

Fictitious  Issue  of  Stock  or  Indebtedness  to  be  void 6  12  173 

Fines: 

Excessive,  not  to  be  imposed 14  1  138 

Not  to  be  remitted  by  special  act 28  2  144 

Governor  to  have  power  to  remit 11  3  149 

Governor  to  report  to  legislature  names  and  amounts  of  fines  remitted. . .  11  3  149 

With  reasons  for  remitting 11  3  149 

Accrued  to  territory  to  inure  to  state 3  27  187 

Fiscal  Statement  to  be  published  annually 7  7  163 

Forcible  Entry  and  Detainer: 

Appellate  jurisdiction  of  supreme  court 4  4  154 

Original  jurisdiction  of  superior  court 6  4  155 

Foreign  Corporations  not  to  be  favored 7  12  173 

Forfeiture: 

Of  estate,  conviction  not  to  work 15  1  138 

Cannot  be  remitted  by  special  legislation 28  2  144 

Governor  to  have  power  to  remit 11  3  149 

And  must  report  to  the  legislature 11  3  149 

Legislature  not  to  remit  forfeiture  of  franchise  or  charter 3  12  172 

Of  franchise  for  violation  of  provision  against  combinations 22  12  176 

Accrued  to  territory  to  inure  to  state 3  27  187 

Forts,  Magazines,  etc.— Congress  to  have  exclusive  control  of 25  185 

Franchise: 

Granting  of,  irrevocably  prohibited 8  1  137 

State  not  to  surrender  power  to  tax 4  7  163 

Invalid,  because  not  organized 2  12  172 

Not  to  be  extended 2  12  172 

Legislature  not  to  remit  forfeiture  of .3  12  172 

Corporation  not  to  be  relieved  from  liability  by  alienation  or  lease  of 8  12  173 

Subject  to  right  of  eminent  domain 10  12  173 

May  be  forfeited 22  12  176 

Freedom  of  Speech  and  of  Press  to  be  preserved 5  1  137 

Freedom  of  Conscience  guaranteed 11  1  138 

Freight  Rates: 

To  be  regulated  by  the  legislature 18  12  175 

Abuse  and  extortion  to  be  prevented 18  12  175 

Fundamental  Principles: 

Frequent  recurrence  to,  essenti  al 32  1  140 

G. 

Government: 

Source  of  just  powers  of 1  1  137 

Purposes  of 1  1  137 

Governor: 

To  issue  writs  for  elections;  fill  vacancies  in  legislature 15  2  143 

When  and  by  whom  elected 1  3  148 

Supreme  executive  power  vested  in 2  3  148 

Term  of  office 2  3  148 

May  require  written  information  from  officers 5  3  148 

To  see  that  laws  are  executed 5  3  148 

To  communicate  at  every  session  to  legislature 6  3  149 

To  convene  legislature,  when 7  3  149 

To  be  commander  in  chief  of  military,  except 8  3  149 

Pardoning  power  vested  in 9  3  149 

Under  restlctions 9  3  149 

Who  to  act,  in  case  of  removal,  etc 10  3  149 


Art. 

Page. 

3 

149 

3 

149 

3 

149 

3 

149 

3 

149 

3 

149 

3 

149 

3 

149 

3 

150 

3 

150 

3 

150 

3 

152 

3 

152 

4 

153 

4 

154 

4 

156 

5 

160 

10 

167 

13 

177 

1 

140 

246  INDEX  TO   CONSTITUTION. 

Governor—  Continued :  Sec. 

To  remit  fines  and  forfeitures 11 

To  report  to  legislature  each  case  of  pardon,  reprieve,  etc 11 

With  reason  for  granting  the  same 11 

And  also  names  of  persons  in  whose  favor  fines  and  forfeiture  have  been 

remitted 11 

With  reason  for  the  remission 11 

To  approve  all  laws 12 

May  return  hill  with  objections 12 

May  veto  one  or  more  items 12 

To  fill  vacancy  in  office 13 

Salary  of 14 

To  sign  commissions 15 

Must  keep  records  of  his  office,  where 24 

Must  reside  where 24 

To  fill  vacancy  in  judges  of  supreme  court 3 

To  fill  vacancy  in  judges  of  superior  court 5 

May  extend  leave  of  absence  of  judicial  officer 8 

Liable  to  impeachment 2 

May  call  out  militia  to  execute  laws 2 

To  appoint  regents,  trustees  and  commissioners  of  state  institutions 1 

Grand  Jury  not  to  be  drawn  or  summoned  unless  superior  court  so  orders. . .  26 

Granted  Lands  — (See  Lands,  Public  Lands.) 

H. 

Habeas  Corpus: 

Privileges  of  writ  not  to  be  suspended,  except 13 

Original  and  appellate  jurisdiction  of  supreme  court 4 

Original  jurisdiction  of  superior  court 6 

Each  judge  of  supreme  court  may  issue  writs  of 4 

Writs  returnable  before  whom 4 

Harbors: 

Commission  to  be  established  to  locate,  lines  in 1 

Restrictions  on  state  in  selling  land  or  rights  in 1 

Certain  area  to  be  reserved  for  landing,  etc 1 

Heir-at  Law  not  to  be  determined  by  special  legislation 28 

High  Schools  may  be  established  by  legislature 2 

Highways  : 

Private  and  special  legislation  prohibited 28 

But  state  and  military  roads  excepted 28 

Home  not  to  be  invaded  without  authority  of  law 7 

Homestead — Exemption  from  forced  sale 1 

House  of  Representatives: 

Legislative  powers  vested  in 1 

Number  of  members 2 

To  be  reapportioned  after  each  census 3 

Members,  when  and  how  chosen 4 

Shall  be  elected  biennially  after  1890 5 

To  have  sole  power  of  impeachment 1 

Concurrence  of  majority  necessary  to  impeach 1 

Hypothecation  by  Minor—  Special  legislation  prohibited 28 

I. 

Idiots  excluded  from  elective  franchise 3         6         161 

Immunities  : 

From  being  twice  put  in  jeopardy 9 

From  loss  or  damage  to  property 16 

From  imprisonment  for  debt 17 

Soldiers  not  to  be  quartered  in  houses 31 

Of  members  of  legislature  from  arrest 16 

Of  electors  from  arrest  on  election  day 5 

Of  militia  from  arrest  at  musters  and  election  of  officers 5 


1 

138 

4 

154 

4 

155 

4 

154 

4 

154 

15 

178 

15 

178 

15 

178 

2 

144 

9 

166 

2 

144 

2 

144 

1 

137 

19 

181 

2 

140 

2 

141 

2 

141 

2 

141 

2 

141 

5 

160 

5 

160 

2 

144 

1 

137 

1 

138 

1 

139 

1 

140 

2 

143 

6 

161 

INDEX  TO  CONSTITUTION.  247 


Impeachment:  Sec. 

House  of  representatives  sole  power  of 1 

Trial  by  senate 1 

Chief  justice  presides  when 1 

Who  liable  to 2 

Judgment  to  extend  only  to  removal  from  office  and  disqualification 2 

Party  liable  to  prosecution  at  law 2 

Imposts: 

Appellate  jurisdiction  of  supreme  court 4 

Original  jurisdiction  of  superior  court 6 

Imprisonment  for  debt  not  allowed,  except 17 

Incompetency  in  Office: 

Who  may  be  removed  for 9 

Three-fourths  of  each  house  to  concur 9 

Rights  of  the  accused 9 

Indebtedness  of  Corporations: 

Cannot  have  relief  by  special  acts 28 

Liability  of  stockholders  for 4 

Stockholders  of  banking  or  insurance  cempanies  liable,  etc 11 

Fictitious  increase  of,  to  be  void 6 

No  lease  or  alienation  of  franchise  shall  relieve  corporation  from 8 

(See  County,  City  and  Township.) 
Indian  Lands: 

Subject  to  jurisdiction  of  U.  S 2 

Taxation  of 2 

Exemption  of 2 

Indians  not  taxed  to  be  excluded  from  enumeration  of  inhabitants 3 

Indictment  —  Offenses  may  be  prosecuted  by 25 

Individual  Rights  —  Government  to  protect  and  maintain 1 

Individual  Security  — Private  affairs  not  to  be  distributed 7 

Inferior  Courts: 

Legislator  to  provide  for 1 

Appeal  lies  to  superior  court 6 

Legislature  to  prescribe  jurisdiction  and  power 12 

Imformation  —  Offenses  may  be  prosecuted  by 25 

Injunction  may  be  issued  and  served,  when 6 

Insane  Persons  excluded  from  elective  franchise 3 

Insolvency: 

Appellate  jurisdiction  of  supreme  court 4 

Original  jurisdiction  of  superior  court 6 

Instruments  cannot  be  validated  by  special  acts 28 

Insurance  Companies  —  Liabilities  of  stockholders 11 

InTEREST: 

Not  to  be  regulated  by  special  acts 28 

Private  interest  in  bill  to  be  disclosed  by  legislator 30 

On  certain  state  debts  must  be  provided  for 3 

Invasion  : 

Suspension  of  habeas  corpus 13 

State  may  contract  debts  to  repel 2 

Irrigation  —  Use  of  water  of  state  for,  deemed  a  public  use 1 

J. 

Jeopardy  — No  person  to  be  twice  put  in 9        l         137 

Joint  Stock  Companies: 

Included  in  term  corporations 5 

Liability  of  stockholders  in 11 

Journal: 

Each  house  to  keep 11 

Yeas  and  nays  to  be  entered  on,  when 21 

Yeas  and  nays  must  be  entered  on,  in  passage  of  bill 22 

Yeas  and  nays  must  be  entered  on,  in  passage  of  emergency  clause 31 

Yeas  and  nays  must  be  called  and  entered  on,  in  authorizing  introduction 

of  bill  later  than  10  days  before  close  of  session * 36 

Votes  on  election  to  be  entered  on 27 


Art. 

Page. 

5 

160 

5 

160 

5 

160 

5 

160 

5 

160 

5 

160 

4 

154 

4 

155 

1 

139 

4 

157 

4 

157 

4 

157 

2 

144 

12 

172 

12 

174 

12 

173 

12 

173 

26 

186 

26 

186 

26 

186 

2 

141 

1 

140 

1 

137 

1 

137 

4 

152 

4 

155 

4 

157 

1 

140 

4 

155 

6 

161 

4 

154 

4 

155 

2 

144 

12 

174 

2 

144 

2 

146 

8 

164 

1 

138 

8 

164 

12 

172 

12 

173 

12 

174 

2 

142 

g 

144 

2 

144 

2 

146 

2 

147 

2 

144 

248  INDEX   TO   CONSTITUTION. 

Journal  —  Continued.  Sec. 

Votes  on  removal  of  judges  to  be  entered  on 9 

Ayes  and  noes  to  be  entered  upon  nomination  of  officers  for  state  institu- 
tions   1 

Ayes  and  noes  on  proposed  amendments  to  constitution  to  be  entered 1 

Judge  Pro  Tempore—  Provision  for,  in  superior  court 7 

Judges: 

May  be  removed  for  incompetency,  etc 9 

Rights  of  accused 9 

Not  to  charge  juries  as  to  matters  of  fact 16 

But  declare  the  law 16 

Not  to  practice  law 19 

Judges  of  Superior  Court: 

Election  of 5 

Each  judge  to  be  invested  with  powers  of  all 5 

Term  of  office 5 

To  begin  when 5 

May  sit  in  any  county 7 

Judge  pro  tempore 7 

Salaries  of 13 

Salaries  of,  when  payable 14 

To  any  other  office 15 

Ineligible  unless  admitted  to  practice  in  Washington 17 

Not  to  practice  law 19 

To  decide  cause  within  90  days  from  final  submission  of  same 20 

May  appoint  court  commissioners 23 

May  establish  rules  for  court 24 

To  report  in  writing  to  judges  of  supreme  court  defects  and  omissions 

in  the  laws , 25 

To  take  oath  in  office 28 

Judges  op  Supreme  Court: 

Election  of 3 

Classification  by  lot 3 

'   Chief  justice,  who  to  be 3 

Term  of  office 3 

May  issue  writs 4 

Salaries  of 13 

Salaries  of,  when  payable 14 

Ineligible  unless  admitted  to  practice  in  Washington 17 

To  appoint  a  reporter 18 

Not  to  practice  law 19 

To  appoint  a  clerk 22 

To  report  to  governor  defects  and  omissions  in  law 25 

To  take  oath  of  office 28 

Judgment: 

Of  one  judge  of  superior  court  to  be  of  same  force  as  to  all 5 

Of  superior  court  to  be  given  within  ninety  days  from  final  submission. . .  20 

Extent  of,  on  impeachment 2 

Judicial,  Decisions: 

All  decisions  to  be  in  writing,  and  grounds  stated 2 

Concurrence  of  majority  of  supreme  court  judges  necessary 2 

To  be  published 21 

May  be  published  by  anyone 21 

Judicial  Officers: 

Absence,  when  a  forfeiture  of  office 8 

Not  to  receive  aDy  fees 13 

To  take  oath  of  office 28 

Liable  to  impeachment,  except 2 

Judicial  Power  is  vested  where 1 

Judicial  Question  —  Whether  a  use  is  a  public  use 16 

Jurisdiction: 

Of  supreme  court 4 

Of  superior  court 6 

Of  justice  of  the  peace  to  be  prescribed  by  legislature 10 

And  not  trench  upon  jurisdiction  of  courts  of  record 10 


rt. 

Page 

4 

157 

13 

177 

23 

184 

4 

156 

4 

157 

4 

157 

4 

158 

4 

158 

4 

159 

4 

154 

4 

154 

4 

154 

4 

154 

4 

156 

4 

156 

4 

157 

4 

158 

4 

158 

4 

158 

4 

159 

4 

159 

4 

159 

4 

159 

4 

159 

4 

160 

4 

153 

4 

153 

4 

153 

4 

153 

4 

154 

4 

157 

4 

158 

4 

158 

4 

158 

4 

159 

4 

159 

4 

159 

4 

160 

4 

154 

4 

159 

5 

160 

4 

154 

4 

154 

4 

159 

4 

159 

4 

156 

4 

157 

4 

160 

5 

160 

4 

152 

1 

138 

4 

154 

4. 

155 

4 

157 

4 

157 

Art. 

Page. 

1 

138 

1 

139 

1 

138 

1 

139 

1 

139 

1 

139 

1 

137 

4 

155 

4 

152 

4 

157 

4 

157 

4 

157 

4 

157 

4 

157 

INDEX  TO  CONSTITUTION.  249 

Juror:  s" 

Not  incompetent  in  consequence  of  religious  opinion 11 

Number  necessary  for  verdict 21 

Jury: 

To  ascertain  compensation  for  right-of-way 16 

Number  in 21 

Number  necessary  for  verdict 21 

Waiver  of 21 

Justice  to  be  administered  openly  and  without  unnecessary  delay 10 

Justice  Court  —Appeal  lies  to  superior  court 6 

Justice  of  the  Peace: 

Invested  with  judicial  power 1 

Legislature  to  determine  number 10 

Legislature  to  prescribe  duties 10 

Salary  of,  provided  by  law 10 

Fees  prohibited KJ 

May  be  made  police  justice 10 

L. 

Lands: 

Ownership  of,  by  aliens,  prohibited 

Of  state,  under  grant  from  U.  S.,  restrictions  of  sale  of 

Lands  of  state  for  educational  purposes,  how  to  be  sold 

Sale  of  school  lands  by  county  commissioners  may  be  confirmed 

Restrictions  on  sale  of,  for  educational  purposes 

Timber  and  stone  may  be  taken  off  state  land,  how 

Limit  of  granted  land  to  be  sold  in  one  parcel 

Land  of  state  in  city  to  be  platted  before  sale 

Limit  of  sale 

Of  U.  S.  not  to  be  taxed 

Of  non-residents,  how  taxed 

Law  of  Land — U.  S.  constitution  is  the 

Laws: 

Bills  of  attainder  and  ex  post  facto,  prohibited 

Enacting  clause 

No,  except  by  bill 

When  to  take  effect 

Must  be  presented  to  the  governor  for  approval 

How  passed  over  governor's  veto 

How  to  become  a,  without  approval 

Defects  and  omissions  in,  to  be  reported  to  governor,  how 

Object  of  tax  must  be  stated  in 

State  debt  for  some  single  work  must  provide  for  payment  of  interest 
and  principal 

Necessary  to  have  a  majority  of  votes 

To  be  published 

Relating  to  corporations  may  be  altered,  amended  or  repealed 

Of  territory  to  remain  in  force  until  altered  or  repealed 

Proviso  as  to  tide  lands 

Lease: 

Of  franchise  not  to  relieve  corporations  from  liability 

Of  rights  to  build  and  maintain  wharves,  power  of  legislature 

Limit  of  term 

Legislature: 

No  power  to  grant  irrevocable  privilege  or  franchise 

To  make  provisions  for  jury 

To  consist  of 

Number  of  members 

To  provide  for  enumeration  of  inhabitants,  when 

To  re-apportion  members  of  each  house  after  census 

Who  eligible  to 

Each  house  to  judge  of  election  of  its  members 

Majority  to  constitute  a  quorum 

Each  house  to  determine  rules  of  proceedings 

And  to  punish  for  contempt 


33 

2 

146 

1 

16 

179 

2 

16 

179 

■> 

16 

179 

3 

16 

180 

3 

16 

180 

4 

16 

180 

4 

16 

180 

4 

16 

180 

2 

26 

186 

2 

26 

186 

2 

1 

137 

23 

1 

139 

18 

2 

143 

18 

2 

143 

31 

2 

146 

12 

3 

149 

12 

3 

149 

12 

3 

149 

25 

4 

159 

5 

7 

163 

3 

8 

164 

3 

8 

164 

3 

8 

164 

1 

12 

172 

2 

27 

187 

2 

27 

187 

8 

12 

173 

2 

15 

179 

2 

15 

179 

8 

1 

137 

21 

1 

139 

1 

2 

140 

o 

2 

141 

3 

2 

141 

3 

2 

141 

7 

2 

142 

8 

2 

142 

8 

2 

142 

9 

2 

142 

9 

2 

142 

250  INDEX   TO   CONSTITUTION. 

Legislature—  Continued.  Sec. 

Two-thirds  required  to  expel  a  member 9 

Each  house  to  elect  its  own  officers 10 

Each  house  to  keep  and  publish  a  journal 11 

Sessions  to  be  open 11 

Restrictions  on  power  to  adjourn 11 

Sessions  to  meet,  when 12 

Sessions  to  be  biennial 12 

Members,  from  what  civil  offices  excluded 13 

Officers  not  eligible  to 14 

Acceptance  of  office  under  U.  S.  to  vacate  seat  in 14 

Vacancies,  how  filled 15 

Members  privileged  from  arrest,  excep t 16 

Members  not  subject  to  civil  process,  when 16 

Members  not  liable  for  words  spoken  in  debate 17 

Compensation  and  mileage  to  members 23 

Not  to  authorize  any  lotteries  or  grant  any  divorce 24 

Extra  compensation  for  past  services  prohibited 25 

To  direct  how  and  where  suits  against  state  be  brought 26 

Vote  on  elections  to  be  vive  voce 27 

Private  or  special  laws  prohibited 28 

To  provide  for  convict  labor 29 

Bribery  of  members,  how  punished 30 

Members  to  declare  private  interests  in  bill  and  not  to  vote 30 

Presiding  officer  of  each  house  to  sign  bill 32 

To  establish  a  bureau  of  statistics,  etc 34 

To  pass  laws  for  protection  of  employes  in  mines  and  factories 35 

To  pass  laws  prohibiting  the  use  of  passes 39 

To  decide  contested  elections  of  state  officers 4 

May  be  specially  convened  by  Governor 7 

Secretary  of  State  to  keep  records  of 17 

May  abolish  certai  n  offices 25 

May  increase  number  of  judges  of  Supreme  Court 2 

To  provide  for  separate  departments 2 

May  remove  judge,  attorney  general,  etc.,  for  incompetency,  etc., 9 

Three-fourths  of  the  members  of  each  house  to  concur 9 

To  determine  number  of  justices  of  the  peace 10 

And  to  prescribe  powers  and  duties 10 

May  make  any  courts,  courts  of  record,  except 11 

May  prescribe  powers  of  inferior  courts 12 

May  increase  salaries  of  judges 14 

To  provide  for  publication  of  opinions  of  judges  of  Supreme  Court 21 

May  provide  for  election  of  clerk  of  Supreme  Court 22 

May  provide  that  there  be  no  denial  of  franchise  at  school  elections  on 

account  of  sex 2 

To  provide  for  securing  absolute  secrecy  to  electors  in  voting 6 

To  enact  a  registration  law 7 

To  require  compliance  with  law  as  a  prerequisite  to  vote 7 

But  not  compulsory,  when 7 

To  provide  for  annual  tax  for  expenses  of  each  year 1 

To  provide  for  tax  to  pay  state  debt 1 

To  provide  uniform  and  equal  rate  for  taxation 2 

To  insure  just  valuation  of  property —  2 

To  provide  general  law  for  taxation  of  corporate  property 3 

To  provide  for  account  of  receipts  and  expenditures 7 

To  provide  for  levying  tax  to  meet  deficiencies  and  expenses 8 

May  vest  municipal  corporations  with  power  to  make  local  improvements.  9 

To  provide  system  of  public  schools 2 

May  provide  for  enlarging  of  common  school  fund 3 

To  provide  for  the  organization  and  discipline  of  militia 3 

To  provide  for  maintenance  of  soldier's  home 3 

To  provide  for  protection  and  safe  keeping  of  the  public  arms 4 

To  establish  system  of  county  government 4 

To  provide  by  general  laws  for  township  organization 4 


Page. 
142 
142 
142 
142 
142 
142 
142 
143 
143 
143 
143 
143 
143 
143 
144 
144 
144 
144 
144 
144 
145 
146 
146 
146 
147 
147 
147 
148 
149 
151 
152 
152 
152 
157 
157 
157 
157 
157 
157 
158 
159 
159 

161 
161 
162 
162 
162 
162 
162 
162 
162 
163 
163 
163 
163 
166 
166 
167 
168 
168 
169 
169 


INDEX  TO   CONSTITUTION.  251 

Legislature—  Continued.                                                                                      Sec.  Art.  Page. 

To  provide  for  election  of  county  officers 5  11  169 

And  township,  precinct  and  district  officers 5  11  169 

To  prescribe  their  duties  and  fix  their  term  of  office — 5  11  169 

To  regulate  their  compensation : 5  11  169 

To  provide  for  their  strict  accountability 5  11  169 

To  fix  salaries  of  all  county  officers  and  certain  constables 8  11  170 

To  provide,  by  general  laws,  for  incorporation  of  cities 10  11  170 

May  take  property  and  franchises  of  corporations  for  public  use 10  12  173 

To  establish  maximum  rates  for  freight  and  passengers 18  12  175 

To  prevent  discrimination  in  rates 18  12  175 

May  establish  a  railroad  and  transportation  commission 18  12  175 

To  prevent  grants  of  free  passes  to  public  officers 20  12  176 

To  provide  penalties  for  punishment  of  combinations  affecting  the  price, 

production  and  transportation  of  commodities 22  12  176 

May  declare  forfeiture  of  property  and  franchise 22  12  176 

To  provide  for  choice  of  location  for  seat  of  government 1  14  177 

To  appoint  a  commission  to  establish  harbor  lines 1  15  178 

To  provide  for  the  leasing  of  right  to  build  and  maintain  wharves 2  15  179 

Restrictions  on  power 2  15  179 

To  confirm  sale  of  school  and  university  lands  made  by  county  commis- 
sioners    2  16  179 

To  protect  homesteads  from  forced  sale 1  19  181 

To  establish  state  board  of  health  and  bureau  of  vital  statistics 1  20  181 

To  regulate  practice  of  medicine  and  surgery 2  20  181 

To  regulate  sale  of  drugs  and  medicine 2  20  181 

May  agree  upon  a  convention  to  revise  or  amend  constitution 2  23  184 

To  provide  for  election  and  fix  term  of  officers  not  provided  for  in  consti- 

tion 11  27  191 

To  divide  state  into  congressional  districts,  when 13  27  191 

To  appropriate  for  expenses  of  constitutional  conventions 19  27  193 

Liabilities  cannot  be  extinguished  by  special  legislation 28  2  144 

Liberty— Not  to  be  deprived  of  without  due  process  of  law 3  1  137 

Lieutenant-Governor : 

When  absent  who  to  preside 10  2  142 

To  have  deciding  vote,  when 10  2  142 

When  and  by  whom  elected 1  3  148 

Term  of  office 3  3  148 

When  to  act  as  governor 10  3  149 

To  be  president  of  senate 16  3  151 

Salary  of 16  3  151 

Office  may  be  abolished  by  legislature 25  3  152 

Life,  Liberty  and  Property— Not  to  be  deprived  of,  without  due  process  of 

law 3  1  137 

Limitation  of  Action— Special  legislation  prohibited 28  2  144 

Local  Officers  eligible  to  legislature,  when 14  2  143 

Lotteries  prohibited 24  2  144 

M. 

Majority  : 

Of  each  house  necessary  to  constitute  a  quorum 8  2  144 

Necessary  to  pass  bill 22  2  144 

Special  act  cannot  declare  person  of  age 28  2  144 

Of  judges  of  supreme  court  necessary  to  form  quorum  and  pronounce  a 

decision 2  4  152 

Necessary  for  impeachment 1  5  160 

Malfeasance  in  Office— (See  Corruption  in  Office.) 

Mandamts  : 

Original  and  appellate  jurisdiction  of  supreme  court 4  4  154 

Original  jurisdiction  of  superior  court 6  4  155 

Mandatory— Provisions  of  this  constitution 29  l  140 

Manufacturing  Purposes— Uses  of  waters  of  state  for,  deemed  a  public  use  1  21  181 

Medicine  : 

Legislature  to  regulate  sale  of 2  20  181 

Legislature  to  regulate  the  practice  of 2  20  181 


252  INDEX    TO   CONSTITUTION. 

Sec. 

Mileage  of  legislators 23 

Military  to  be  subordinate  to  civil  power 18 

Militia  : 

Officer  eligible  to  legislature ,  when 14 

Governor  to  be  commander  in  chief 8 

Who  liable  to  military  duty 1 

Who  exempt 1 

Persons  having  religious  scruples  exempt,  when 6 

Organization  and  discipline  of  2 

Privileged  from  arrest,  when 5 

Persons  having  conscientious  scruples  against  bearing  arms  to  pay  for 

exemption 6 

Mines— Legislature  to  pass  laws  to  protect  employes  in 35 

Mining  Purposes— Uses  of  waters  of  state  for,  deemed  a  public  use 1 

Minors — Sale  of  property  by  special  acts  prohibited 28 

Money  : 

How  and  when  paid  out  of  the  treasury 4 

Using  or  making  profit  by  official  a  felony 14 

In  hands  of  municipal  officers  to  be  paid  into  the  treasury 15 

Corporations  not  to  issue  anything  but  lawful  money  of  the  U.  S 11 

Monopolies  : 

Prohibited 22 

Adequate  penalties  to  be  provided 22 

Forfeiture  of  franchise  and  property  may  be  declared 22 

Municipal  Corporations  : 

Power  to  make  local  improvements  by  special  taxation 9 

Power  to  assess  and  levy  taxes 9 

Legislature  may  confer  power  to  levy  taxes  for  certain  purposes 12 

Power  to  contract  debts  6 

Limit  of  power 6 

Not  to  give  or  loan  its  credit 7 

May  organize  under  general  laws 10 

And  be  subject  to  such  laws 10 

Private  property  not  to  be  taken  for  debt  of 13 

Use  of  money  by  an  official  a  felony 14 

Money  to  be  deposited  with  treasurer 15 

Power  to  extend  streets  over  tide  lands 3 

Municipal  Fine  : 

Appellate  jurisdiction  of  supreme  court 4 

Original  jurisdiction  of  superior  court 6 

N. 

Nam  es— Change  of,  by  special  legislation  prohibited 28 

Naturalization— Power  of,  vested  in  superior  court 6 

Navigable  Waters  : 

Legislature  to  establish  a  commission  to  locate  harbor  lines  in 1 

State  asserts  ownership  of  beds  and  shores  of 1 

New  County— Restriction  of  formation  of 3 

Non-Residents— Taxation  of  lands  of 2 

Normal  Schools  may  be  established 2 

Nuisances  : 

Appellate  jurisdiction  of  supreme  court 4 

Original  jurisdiction  of  superior  court 6 

O. 

Oaths  to  be  such  as  may  be  most  consistent  with  and  binding  upon  the  con- 
science   

Oath  of  Office— Judicial  officers  to  take 

Obligation  of  contracts  not  to  be  impaired 

Offenses : 

No  person  to  be  twice  put  in  jeopardy  for 9 

Right  of  trial  by  jury  for 21 


Irt. 

Page. 

2 

144 

1 

139 

2 

143 

3 

149 

10 

167 

10 

167 

10 

168 

10 

167 

10 

168 

10 

168 

2 

147 

21 

181 

2 

144 

8 

164 

11 

172 

11 

172 

12 

174 

12 

176 

12 

176 

12 

176 

7 

163 

7 

163 

11 

171 

8 

165 

8 

165 

8 

165 

11 

170 

11 

170 

11 

172 

11 

172 

11 

172 

15 

179 

4 

154 

4 

155 

2 

144 

4 

155 

15 

178 

17 

180 

11 

164 

26 

186 

9 

166 

4 

154 

4 

155 

6 

1 

137 

28 

4 

160 

23 

1 

139 

9 

1 

137 

21 

1 

139 

INDEX  TO   CONSTITUTION.  253 

Offenses—  Continued:  Sec. 

Right  of  party  accused 22 

To  be  prosecuted  by  information  or  indictment 25 

Impeachment  of  public  officers 2 

Existing,  to  be  prosecuted  in  name  of  state 5 

Office  : 

No  religious  qualification  for 11 

Disqualification  of  legislators  for  certain  civil  offices 13 

Who  ineligible  for  legislature 14 

Acceptance  of,  under  U.  S.  to  vacate  seat  in  legislature 14 

But  certain  officers  are  exempt 14 

Disqualification  for  bribery 30 

Vacancy,  when  filled  by  Governor 13 

Legislature  may  abolish  certain  offices 25 

Of  judge  of  supreme  and  superior  court  open  only  to  whom 17 

Officers  : 

Not  to  be  allowed  extra  compensation 25 

Of  militia  may  be  members  of  legislature 14 

Local,  may  be  members  of  legislature 14 

Bribery  of,  how  punished 30 

Legislature  may  abolish  certain  offices 25 

Liable  to  impeachment 2 

Not  liable  to  impeachment  may  be  removed  by  law 3 

Of  militia  elected  or  appointed,  how 2 

Of  county,  district,  town,  etc. ,  how  elected 5 

Who  may  or  may  not  be  salaried 8 

Guilty  of  felony,  when 14 

Not  to  accept  passes 20 

Of  state  institutions  to  be  appointed  by  Governor  with  advice  and  consent 

of  senate 1 

Of  territory  and  U.  S.  to  hold  office  until  superseded  by  state  officers —  6 

Time  of  election  under  this  constitution 7 

Legislature  to  provide  for  election  of  officers  not  provided  for  by  consti- 
tution    11 

(See  Term  of  Office,  Salaries.) 

Official  Acts  cannot  be  made  valid  by  special  act 28 

Omissions  in  the  Law  to  be  reported  to  Governor 25 

Opinions  of  Supreme  Court  : 

To  be  publisbed 21 

Free  for  publication  by  any  person 21 

Ownership  of  Land — Right  of  aliens 33 

P. 

Pardoning  Power  : 

Vested  in  Governor,  subject  to 9 

Governor  to  report  to  legislature  number  of  pardons  granted 11 

Pass  : 

Use  of  by  public  officer  prohibited 39 

Grant  of,  by  railroads  to  public  officers  and  legislators,  prohibited, 20 

Passenger  Tariff  : 

To  be  regulated  by  legislature 18 

Abuses  and  extortions  to  be  prevented 18 

Penalties  : 

Cannot  be  remitted  by  special  legislation 28 

Accrued  to  territory  to  inure  to  state 3 

Incurred  unaffected  by  change  in  form  of  government 5 

People : 

Political  power  inherent  in 1 

Rights  retained  by 30 

Right  of  petition  and  of  peaceable  assemblage 4 

Right  to  security 7 

Public  lands  to  be  held  by  state  in  trust  for ' 1 

Personal  Property— Appellate  jurisdiction  of  supreme  court  when  amount 

is  over  ?200 4 


Art. 

Page. 

1 

139 

l 

140 

5 

160 

27 

188 

1 

138 

2 

143 

2 

143 

2 

143 

2 

143 

o 

146 

3 

150 

3 

152 

4 

158 

2 

144 

2 

143 

2 

143 

2 

146 

3 

152 

5 

160 

5 

160 

10 

167 

11 

169 

11 

170 

11 

172 

12 

176 

13 

177 

27 

188 

27 

189 

27 

191 

2 

144 

4 

159 

4 

159 

4 

159 

2 

146. 

3 

149 

3 

149 

2 

147 

12 

176 

12 

175 

12 

176 

2 

144 

27 

187 

27 

188 

1 

137 

1 

140 

1 

137 

1 

137 

16 

179 

Art. 

Page. 

6 

161 

1 

137 

4 

157 

11 

171 

1 

137 

2 

143 

2 

140 

3 

148 

4 

152 

3 

149 

11 

169 

11 

169 

11 

169 

27 

191 

3 

151 

2 

142 

1 

137 

2 

144 

1 

137 

2 

143 

6 

161 

10 

168 

254  INDEX   TO   CONSTITUTION. 

Sec. 

Persons  Convicted  of  Infamous  Crimes  excluded  from  elective  franchise .  3 

Petition— Right  of,  not  to  be  abridged 4 

Police  Justice— Justice  of  the  peace  may  be  made 10 

Police  Regulations— County,  city,  etc. ,  may  enforce 11 

Political  Power  inherent  in  people 1 

Postmaster  may  be  eligible  to  legislature,  when 14 

Powers  of  Government  : 

Legislative,  where  vested 1 

Executive,  where  vested 1 

Judicial,  where  vested 1 

Pardoning  power,  where  vested 9 

Precinct  Officers  : 

Legislature  to  provide  for  election  of 5 

To  prescribe  duties  of,  etc 5 

County  commissioners  to  fill  vacancies  in  office 6 

Term  of  office  of  present  officers  14 

President  of  Senate  :  \ 

Who  is 16 

Temporary 10 

Press— Liberty  of,  secured 5 

Private  Legislation  on  certain  matters  prohibited 28 

Privilege  : 

Not  to  be  granted  irrevocably 8 

Of  members  of  legislature  from  arrest 16 

Of  electors  from  arrest 5 

Of  militia  from  arrest 5 

Privileges  and  Immunities— Equal,  to  all  citizens  and  corporations  (see 

Immunities) • I2         1         138 

Probate  Court  : 

Merger  of,  in  superior  court  to  take  place,  when 10 

Judge  to  perform  duties  until  term  of  office  expires 10 

Probate  Matters  : 

Appellate  jurisdiction  in  supreme  court 4 

Original  jurisdiction  in  superior  court 6 

Appellate  jurisdiction  in  superior  court 10 

Process: 

Privilege  of  members  of  legislature  from 16 

Of  superior  court  to  extend  to  all  parts  of  state 6 

Style  of 27 

Of  state  court  may  be  served  on  lands  of  U.  S 

Issued  under  authority  of  territory  to  be  valid 1 

Proclamation  of  President  of  U.  S.— Constitution  to  go  into  effect  upon.  16 

Prohibition  : 

Appellate  and  revisory  jurisdiction  of  supreme  court 4 

Original  jurisdiction  of  superior  court 6 

Writs  may  be  issued  and  served  when 6 

Separate  articles  rejected 1" 

Property : 

Persons  not  to  be  deprived  of,  without  due  process  of  law 3 

Not  to  be  taken  for  private  use,  except 16 

Not  to  be  taken  without  just  compensation 16 

To  be  taxed  in  proportion  to  its  value 1 

Not  to  be  taken  to  pay  corporate  debt 13 

Of  every  kind  belonging  to  the  territory  to  vest  in  the  state 4 

Prosecuting  Attorney  : 

May  be  removed  for  incompetency  or  corruption  in  office 9 

Right  of  accused 9 

Legislature  to  provide  for  electing 5 

(See  County  Officers.) 
Prosecutions  : 

To  be  conducted  in  name  of  state 5 

Not  affected  by  change  in  form  of  government 5 

Public  Administrator— May  or  may  not  be  salaried  officer 8 


27 

190 

27 

190 

4 

154 

4 

155 

27 

190 

2 

143 

4 

155 

4 

160 

25 

185 

27 

187 

27 

192 

4 

154 

4 

155 

4 

155 

27 

192 

1 

137 

1 

138 

1 

138 

7 

162 

11 

172 

27 

188 

4 

157 

4 

157 

11 

169 

27 

188 

27 

188 

11 

170 

Art. 

Page. 

10 

168 

11 

172 

16 

179 

16 

179 

26 

186 

26 

186 

1 

138 

7 

163 

1 

138 

9 

166 

9 

166 

9 

167 

26 

187 

26 

187 

1 

138 

1 

138 

1 

138 

INDEX   TO   CONSTITUTION.  255 

Sec. 

Public  Arms— Legislature  to  provide  for  protection  and  safe  keeping  of 4 

Public  Debts— Private  property  not  to  be  taken  for  payment  of 13 

Public  Lands: 

Granted  to  state  to  be  held  in  trust  for  people 1 

Not  to  be  disposed  of  except  for  full  market  value 1 

State  disclaims  all  title  to  unappropriated 2 

Unappropriated  to  be  subject  to  control  of  U.  S 2 

Public  Money: 

Not  to  be  appropriated  for  religious  worship 11 

Statement  of  receipts  and  expenditures  to  be  published —  7 

Public  Safety  may  require  suspension  of  habeas  corpus 13 

Public  Schools: 

Legislature  to  provide  a  system  of 2 

System  to  include  what 2 

To  be  free  from  sectarian  control 4 

Shall  be  free  from  sectarian  control  and  open  to  all  children 4 

To  be  established  and  maintained  by  state 4 

Public  Use: 

Property  not  to  be  taken  for,  without  compensation 16 

A  judicial  question 16 

Punishment— Cruel,  Not  to  be  inflicted 14 

Q. 

Qualification  : 

Religious,  not  to  be  required  for  public  office 11 

Of  members  of  legislature 7 

Each  house  to  judge  of 8 

Of  state  officers 25 

Of  electors 1 

Quorum : 

Majority  of  each  house  shall  constitute 8 

Less  may  adjourn  and  compel  attendance 8 

Majority  of  judges  of  supreme  court  necessary  to  form 2 

Quo  Warranto: 

Jurisdiction  of  supreme  court : 4 

Jurisdiction  of  superior  court 6 

R. 

Race,  Color,  Sex— No  discrimination  in  education  on  account  of 1 

Railroad  and  Transportation  Commission— Legislature  may  establish. .  18 
Railroad  Companies: 

Are  common  carriers 13 

Subject  to  legislative  control 13 

May  connect  at  state  line  with  foreign  railroads 13 

May  intersect,  cross  or  connect  with  other  railroads 13 

And  when  of  same  gauge  shall  form  proper  connection  for  transfer  of  cars,  13 

Delay  and  discrimination  prohibited 13 

Not  to  combine  to  share  earnings 14 

Discrimination  between  places  or  persons  prohibited 15 

Charges  to  any  station  not  to  exceed  those  to  a  more  distant  station 15 

Excursion  and  commutation  tickets 15 

Consolidation  with  competing  line  prohibited 16 

Rolling  stock  to  be  personal  property 17 

Liable  to  taxation  and  execution  and  sale 17 

Maximum  rates  for  transportation  of  freight  and  passengers  to  be  estab- 
lished by  legislature 18 

To  allow  telegraph  and  telephone  companies  to  construct  lines  on  their 

right-of-way 19 

Discrimination  in  rates  and  privileges  to  any  telegraph  or  telephone  com- 
pany prohibited 19 

Prohibited  from  granting  free  passes  or  selling  tickets  at  a  discount  to 

any  public  officer 20 


1 

138 

2 

142 

2 

142 

3 

152 

6 

161 

2 

142 

2 

142 

4 

152 

4 

154 

4 

155 

9 

166 

12 

175 

12 

174 

12 

174 

12 

174 

12 

174 

12 

174 

12 

174 

12 

175 

12 

175 

12 

175 

12 

175 

12 

175 

12 

175 

12 

175 

12 

175 

12 

L75 

12 

175 

12 

176 

256  INDEX   TO   CONSTITUTION. 

Railroad  Companies—  Continued.  Sec.    Art.    Page. 

To  allow  equal  terms  of  transportation  to  all  express  companies 21        12         176 

Discrimination  of  rates  and  privileges  prohibited 21       12         176 

(See  Common  Carriers.) 

Real  Property: 

Appellate  jurisdiction  of  supreme  court 6 

Original  jurisdiction  of  superior  court 6 

Rebellion  or  Invasion— Suspension  of  habeas  corpus 13 

Receipts  and  Expenditures— Account  of,  to  be  published 7 

Recognizance  : 

To  remain  valid  and  unaffected  upon  change  in  form  of  government 4 

And  to  pass  to  state 4 

Records: 

Of  state  officers  to  be  kept  at  seat  of  government 

Of  district  court  to  be  transferred  to  superior  court 8 

Registration  Law: 

To  be  enacted  by  legislature 7 

Elector  not  to  vote  until  complied  with 7 

Not  compulsory,  when 7 

Release  of  Debt  or  Obligation— Special  legislation  prohibited 28 

Religion: 

Freedom  of  conscience  in  matters  of.  guaranteed 11 

No  one  to  be  molested  on  account  of 11 

No  person  to  be  incompetent  as  witness  or  juror  on  account  of 11 

Perfect  toleration  in,  secured 1 

Religious  Worship: 

No  public  money  to  be  apropriated  for 11 

Mode  of ,  not  to  be  interfered  with : 1 

Removal  from  Office: 

Of  Governor,  who  to  act 10 

On  Impeachment 2 

Representatives  : 

Number  of 2 

To  be  reapportioned  after  each  census 32 

Members,  when  and  how  chosen 4 

Members  of,  when  and  how  chosen  after  first  election 5 

Term  of  office 4 

Members  elected  after  first  election,  terms  of 5 

Qualifications  of 7 

To  be  privileged  from  arrest 16 

Compensation  and  mileage 23 

Not  to  receive  pass 39 

Apportionment  of 2 

To  congress  of  U.  S.  from  state  at  large,  when  and  how  to  be  elected 13 

Vote  for  such  representative  at  first  election  to  be  according  to  territorial 

law 13 

Reprieve— To  be  reported  by  Governor  to  the  legislature 11 

Reporter  of  Supreme  Court: 

To  be  appointed  by  judges 18 

Salary  to  be  prescribed  by  law 18 

Residence: 

Of  certain  state  officers,  where 24         3         152 

Absence  of  citizen  in  public  service,  or  at  certain  institutions  not  to  affect 

residence 4 

Revenue  — State  may  contract  debts  to  meet  casual  deficits  or  failure  in 1 

Revenue  and  Taxation: 

Property  to  be  taxed  in  proportion  to  its  value 1 

Uniform  and  equal  rate  of 2 

Deduction  of  debts  from  credits  allowed 2 

Power  to  tax  corporations  never  to  be  suspended  or  surrendered  (see 

Tax,  Taxation) , 4         7          163 

Review,  Writ  of: 

Appellate  and  revisory  jurisdiction  of  supreme  court 4         4         154 

Original  jurisdiction  of  superior  court 6         4         155 


4 

155 

4 

155 

1 

138 

7 

163 

27 

188 

27 

188 

24 

184 

27 

189 

6 

162 

6 

162 

6 

162 

2 

144 

1 

138 

1 

138 

1 

138 

26 

186 

1 

138 

26 

186 

3 

149 

5 

160 

2 

141 

2 

146 

2 

141 

2 

141 

2 

141 

2 

141 

2 

142 

2 

143 

2 

144 

2 

147 

22 

183 

27 

191 

27 

191 

3 

149 

4 

158 

4 

158 

6 

161 

8 

164 

7 

162 

7 

162 

7 

162 

Art. 

Page. 

23 

184 

23 

184 

23 

184 

1 

137 

1 

138 

1 

137 

1 

140 

1 

140 

1 

140 

27 

187 

11 

169 

2 

142 

4 

159 

INDEX  TO   CONSTITUTION.  257 

Revision  of  Constitution  :  Sec. 

Two-thirds  of  each  house  necessary  to  recommend 2 

Vote  for,  how  provided  for 2 

Convention  to  consist  of 2 

Right  of  Petition  not  to  be  abridged 4 

Right-of- Way— Appropriation  of 16 

Right  to  Assemble  not  to  be  abridged 4 

Right  to  Bear  Arms  : 

Not  to  be  impaired 24 

Meaning  constructed 24 

Rights  : 

Enumerated,  not  to  deny  others  retained 30 

Existing,  not  to  be  affected  by  change  in  form  of  government 1 

Road  District  Officers — County  commissioners  to  fill  vacancies  in  office. . .  6 

Rolling  stock— (See  Railroad  Companies.) 

Rules : 

Of  proceedings,  each  house  to  determine 9 

Of  superior  court,  judges  to  establish 24 

S. 

Sailors  t o  be  excluded  from  enumeration  of  inhabitants 3         2         141 

Salaries : 

Of  officers  not  to  be  changed  during  term 25 

Of  Governor 14 

Of  other  state  officers 16-23 

Of  judges  of  supreme  court 13 

How  payable  to  judges  of  supreme  and  superior  courts 14 

Not  to  be  increased  during  term  of  office 13 

To  be  paid  by  state 13 

Of  judges  of  superior  court 13 

How  and  when  payable 14 

Half  to  be  paid  by  state  and  half  by  counties 13 

Or  apportioned  by  counties 13 

Of  supreme  court  reporter  to  be  prescribed  by  law 18 

Of  county,  etc. ,  officers,  legislature  to  fix 8 

Of  certain  constables 8 

Sanitary  Regulations — County,  city  and  town  may  enforce 11 

School  District — Power  to  contract  debts  (see  County,  City  and  Township)  6 

School  Elections— Elective  franchise  not  denied  at,  on  account  of  sex 2 

School  Funds : 

Apportionment  of,  by  special  acts  prohibited 28 

To  be  applied  exclusively  to  common  schools 2 

SCHOOL  Lands- (See  Lands,  Public.) 

Schools— (See  Public  Schools.) 

Seal  : 

Of  state  to  be  kept  by  Secretary  of  State 18 

Description  of 

Of  territorial  courts,  municipal  and  county  officers  to  be  seals  under  state  9 

Seat  of  Government  : 

Location  of,  how  determined 1 

Votes  of  majority  of  electors  necessary  to  locate 1 

If  no  choice  at  first  election,  provisions  lor  determining  location 1 

Temporary  location  to  be  where 1 

Two-thirds  vote  of  electors  necessary  to  change  location 2 

Form  of  ballot  for  location  of  18 

Secrecy  to  be  secured  in  voting 6 

Secretary  of  State: 

When  and  by  whom  elected 1 

Term  of  office 3 

To  act  as  Governor,  when 10 

To  attest  commissions 15 

Duties  of 17 

Shall  keep  office  at  capital  of  state 24 

Salary  of 17 


2 

144 

2 

143 

3 

151 

4 

157 

4 

158 

4 

157 

4 

157 

4 

157 

4 

158 

4 

157 

4 

157 

4 

158 

11 

170 

11 

170 

11 

171 

8 

165 

6 

161 

2 

144 

9 

166 

3 

151 

18 

181 

27 

190 

14 

177 

14 

177 

14 

177 

14 

177 

14 

178 

27 

192 

6 

161 

3 

148 

3 

148 

3 

149 

3 

150 

3 

151 

3 

152 

3 

151 

258  INDEX   TO   CONSTITUTION. 

See.    Art.    Page. 

Sectarian  Control — Public  schools  to  be  forever  free  from 4       26        187 

Security: 

Of  person  in  private  affairs  and  at  home 7 

Of  individual  rights,  what  is  essential  to 32 

Senate: 

.Legislative  powers  vested  in 1 

Number  of  members 2 

To  be  re-apportioned  after  each  census 3 

To  try  all  impeachments 1 

Senatorial  Districts: 

To  be  of  convenient  and  contiguous  territory 6 

No  representative  district  to  be  divided  in  formation  of 6 

To  be  numbered  consecutively 6 

Number  of 1 

Number  and  constitution  of  each  district 1 

Senators: 

Number  of 2 

When  and  how  chosen 6 

Term  of  office 6 

Allotment  of 6 

Trials  of  impeachment  by 1 

To  be  under  oath  of  affirmation 1 

Two-thirds  of,  necessary  for  conviction 1 

Separate  Articles: 

Submitted  to  people  for  adoption  or  rejection 17 

Woman  sufrage  [rejected] 17 

Prohibition  [rejected] 17 

Form  of  ballot 18 

Sessions: 

Of  each  house  to  be  open 11 

Of  legislature  to  be  biennial 12 

But  legislature  may  change  times  of  meeting 12 

Length  of 12 

Of  supreme  court  to  be  at  seat  of  government 3 

Of  superior  court 5 

sewers  —  Right  of  city  to  contract  debts  for 6 

Sex: 

No  denial  of  elective  franchise  at  school  elections  on  account  of 2 

No  distinction  in  educational  provisions  on  account  of 1 

Sheriffs  : 

Legislature  to  provide  for  election  of 5 

Prescribe  duties,  to  fix  term  and  salary 5 

To  provide  for  strict  accountability  of 5 

Soldiers: 

Not  to  be  quartered  in  time  of  peace 31 

To  be  excluded  from  enumeration  of  inhabitants 3 

Soldiers'  Home— Legislature  to  provide  for  maintenance  of 3 

Special  Legislation  on  certain  matters,  prohibited 28 

Special  Privileges  —When  void 2 

Speech  — Liberty  of  guaranteed •"> 

State: 

Suits  against,  how  and  when  brought * 26 

Not  to  surrender  power  to  tax  corporations 4 

Power  of  state  to  contract  debts 1-3 

Limit  of  power 1 

Power  to  contract  certain  debts  may  be  conferred  at  general  election —  3 

Money  to  be  applied,  how 1 

Not  to  loan  its  credit 5 

To  make  provision  for  education  of  all  children 1 

Not  to  subscribe  for  stock  of  corporations 9 

To  support  state  institutions 1 

Restrictions  in  selling  land  or  rights  in  harbors 1 

To  hold  public  lands  in  trust  for  people 1 


1 

137 

1 

140 

2 

140 

2 

141 

2 

141 

5 

160 

2 

141 

2 

141 

2 

141 

22 

181 

22 

181 

2 

141 

2 

141 

2 

141 

2 

141 

5 

160 

5 

160 

5 

160 

27  ' 

192 

27 

192 

27 

192 

27 

192 

2 

142 

2 

142 

2 

142 

2 

142 

4 

153 

4 

154 

8 

165 

6 

161 

9 

166 

11 

169 

11 

169 

11 

169 

1 

140 

2 

141 

10 

168 

2 

144 

12 

172 

1 

137 

2 

144 

7 

163 

8 

164 

8 

164 

8 

164 

8 

164 

8 

165 

9 

166 

12 

173 

13 

177 

15 

178 

16 

179 

INDEX   TO   CONSTITUTION.  259 

State—  Continued:  Sec.  Art.  Page. 

May  sell  timber  and  stone  off  any  state  lands,  how 3  16  180 

Asserts  ownership  of  bed  and  shores  of  navigable  waters  1  17  180 

Disclaims  title  in  tide  lands  patented  by  U.  S 2  17  181 

Consents  to  exclusive  legislation  of  U.  S.  over  certain  lands 1  25  185 

On  certain  conditions 1  25  185 

Compact  with  U.  S 26  186 

Disclaims  all  title  to  unappropriated  public  lands  or  Indian  lauds 1  25  185 

Not  precluded  from  taxing  lands  of  Indians  who  hold  by  grant 2  26  186 

Except  land  exempted  by  act  of  congress 2  26  186 

Assumes  debts  and  liabilities  of  territory 3  26  187 

Agrees  to  establish  free  public  schools 4  26  187 

Debts  fines,  etc.,  accrued  to  territory  to  pass  to  state 3  27  187 

All  property  of  territory  to  pass  to 4  27  188 

Criminal  prosecutions  to  continue  in  name  of 5  27  188 

State  Board  of  Health  —  Legislature  to  establish 1  20  181 

State  Indebtedness: 

Provisions  for  paying  annual  expenses  and  state  debt 1  7  162 

State  may  contract  debts  to  meet  casual  deficits  in  revenue 1  8  164 

Limits  to  aggregate  debt 1  8  164 

May  be  increased  by  state  to  repel  invasion 2  8  164 

Or  for  single  work  or  object 3  8  164 

Law  to  provide  for  such  object  to  be  submitted  to  people 3  8  164 

Majority  of  votes  necessary..  3  8  164 

And  law  to  be  published 3  8  164 

State  to  assume  losses  to  common  school  funds 5  9  167 

State  Institutions  and  Public  Buildings: 

To  be  supported  by  state 1  13  177 

Officers  to  be  appointed  by  Governor 1  13  177 

With  advice  and  consent  of  senate 1  13  177 

State  Lands  — (See  Lands,  State  Lands.) 

Statement  of  Receipts  and  Expenditure  to  be  published  annually 7  7  163 

State  Officers: 

Term  of  office 3  3  148 

Election  of.  how  declared 4  3  148 

Contested  elections  of,  to  be  decided  by  legislature 4  3  148 

Term  of,  to  begin  when 4  3  148 

To  furnish  information  in  writing  to  Governor 5  3  148 

State  officers  to  keep  records,  where 24  3  152 

Salaries  of 14-23  3  148 

Residence  of  certain 24  3  152 

Qualification  for  office 25  3  152 

Compensation  not  to  be  increased  or  diminished  during  term 25  3  152 

Legislature  may  abolish  offices  of  certain 25  3  152 

Liable  to  impeachment 2  5  160 

Time  of  election 8  C  162 

State  School  Tax  revenue  to  be  applied  exclusively  to  common  schools  . . .  2  9  106 

Statutes  — Enacted  clause  of 18  2  143 

Stockholders: 

Liability  of 4  12  172 

As  parties  defendant  in  suit 4  12  172 

Liability  of,  in  banking,  insurance  and  joint  stock  companies 11  12  174 

Stock  of  corporations: 

Not  to  be  owned  by  county,  city,  etc 7  8  165 

Not  to  be  issued  except  to  bona  fide  subscribers 6  12  173 

Or  assignees 6  12  173 

Not  to  be  increased  except  by  general  law 6  12  173 

Consent  of  whom  necessary  to  increase 6  12  173 

Notice  of  increase  to  be  given 6  12  173 

Ficticious  increase  to  be  void 6  12  173 

Streets  and  Roads: 

Private  and  special  laws  prohibited 28  2  144 

Exceptions 28  2  144 

Municipal  corporations  may  extend  over  tide  lands,  etc 3  15  179 


260  INDEX  TO  CONSTITUTION. 

Sec.    Art.    Page. 

Student— Absence  from  state  not  to  affect  the  right  to  vote 4         6         161 

Suffrage: 

Right  of,  shall  be  free,  equal  and  undisturbed 19 

Right  to,  who  entitled 1 

Who  not  entitled 1 

Suits  Against  State— Legislature  to  direct  how  and  when  to  be  brought. . .  26 

Superintendent  of  Public  Instruction: 

When  and  by  whom  elected 1 

Term  of  office 3 

Duties  of 22 

Shall  keep  records  at  capital  of  state 24 

Salary  of 22 

Superior  Court: 

Judge  of,  to  order  grand  jury  to  be  drawn 26 

Vested  with  judicial  power 1 

In  each  organized  county 5 

With  at  least  one  judge  for  each  county 5 

How  elected 5 

Assignment  of  counties  to  a  judge 5 

Number  of  sessions  in  each  county 5 

Business  of,  how  to  be  distributed 5 

Each  judge  to.be  invested  with  the  powers  of  all 5 

Governor  to  fill  vacancies 5 

Jurisdiction  of G 

Power  to  naturalize 6 

Appellate  jurisdiction  in  justice  and  inferior  court 6 

Always  to  be  open  except  on  non-judicial  days 6 

May  issue  writs 6 

Process  to  extend  to  all  parts  of  state 6 

Judges  may  sit  in  any  county 7 

Judge  pro  tempore 7 

To  be  a  court  of  record 11 

Judge  to  decide  cause  within  ninety  days  after  final  submission 20 

Judge  may  appoint  court  commissioners 23 

Judges  to  establish  rules  for  government  of 24 

Judges  to  report  in  writing  defects,  etc.,  in  the  laws  to  judges  of  supreme 

court 25 

Clerk  of,  to  be  county  clerk 26 

To  assume  jurisdiction  of  pending  causes,  and  to  take  court  records,  when,  8 

To  assume  jurisdiction  of  probate  matters,  when 10 

To  have  appellate  jurisdiction  over  probate  court  until  it  expires 10 

Provision  for  contested  [first]  election  of  judges 12 

Supreme  Court: 

Invested  with  judicial  power 1 

To  consist  of  five  judges 2 

Majority  required  to  form  a  quorum 2 

And  to  pronounce  a  decision 2 

Always  to  be  open  except  on  non-judicial  days 2 

Decision  in  all  cases  to  be  in  writing 2 

Grounds  to  be  stated 2 

Number  of  judges  may  be  increased 2 

Legislature  may  provide  separate  departments 2 

Judges,  election  of .•  3 

First  election,  when 3 

Classification  by  lot  of  judges  first  elected.   3 

Seats  to  be  vacated  every  two  years 3 

Chief  justice,  who  to  be 3 

Governor  to  fill  vacancies  in  office 3 

Sessions  to  be  held,  when 3 

Jurisdiction  of 4 

Court  of  record 11 

Judges  to  appoint  reporter, 18 

Judges  to  appoint  clerk  of  the  court 22 


1 

139 

6 

161 

6 

161 

2 

144 

3 

148 

3 

148 

3 

152 

3 

148 

4 

152 

1 

142 

4 

150 

4 

154 

4 

154 

4 

154 

4 

154 

4 

154 

4 

154 

4 

154 

4 

154 

4 

155 

4 

155 

4 

155 

4 

155 

4 

155 

4 

155 

4 

156 

4 

156 

4 

157 

4 

159 

4 

159 

4 

159 

4 

159 

4 

160 

27 

189 

27 

190 

27 

190 

27 

191 

4 

152 

4 

152 

4 

152 

4 

152 

4 

152 

4 

152 

4 

152 

4 

152 

4 

152 

4 

153 

4 

153 

4 

153 

4 

153 

4 

153 

4 

153 

4 

153 

4 

154 

4 

157 

4 

158 

4 

159 

INDEX  TO   CONSTITUTION. 

Supreme  Court—  Continued.  Sec. 

Judges  to  report  in  writing  defects  and  omissions  in  the  laws  to  the 

governor 25 

To  assume  jurisdiction  of  pending  causes  and  to  take  court  papers,  when.  8 

Supreme  Law — U.  S.  constitution 2 

Surveyors  may  or  may  not  be  salaried  officers 8 

T. 

Tax: 

Assessment  or  collection  of,  by  special  act  prohibited 28 

Extending  time  for  collection  by  special  act  prohibited 28 

Appellate  jurisdiction  of  supreme  court 4 

Original  jusisdiction  of  superior  court 6 

All  property  subject  to 1 

Annual  tax  for  expenses  of  state 1 

Annual  tax  to  pay  state  debt 1 

Not  to  be  levied  except  in  pursuance  of  law 5 

Levied  for  state  purposes  to  be  paid  into  the  treasury 6 

To  meet  deficiency  in  expenditure  legislature  may  levy 8 

By  municipal  corporations  to  be  uniform 9 

Taxation: 

Legislature  to  provide  uniform  and  equal  rates  of 2 

Deduction  of  debts  from  credit  authorized 2 

What  property  exempt  from 2 

Of  corporate  property  by  same  methods  as  of  individuals 3 

Power  to  tax  corporation  not  to  be  surrendered  by  state 4 

Municipal  corporation  vested  with  power  of 9 

Lands  of  U.  S.  exempt  from 2 

Rolling  stock  of  railroads  subject  to 17 

Of  lands  of  non-residents 2 

Of  certain  Indian  lands 2 

Exemption  of  certain  Indian  lands  from 2 

State  may  tax  lands  of  Indians  held  under  patent  or  grant 2 

Unless  exempt  by  act  of  congress 2 

Technical  Schools  may  be  established 2 

Telecraph  and  Telephone  Companies: 

Any  one  authorized  to  construct  lines  in  this  state 19 

Delay  and  discrimination  in  receiving  aud  sending  messages  prohibited. .  19 

Declared  to  be  common  carrier 19 

Subject  to  legislative  control 19 

Right  to  construct  lines  along  railroad 19 

No  discrimination  by  railroads  in  rates  or  privileges 19 

Right  of  eminent  domain  extended  to 19 

Tbrm  of  Office: 

Of  representatives 4 

Of  senators 6 

Of  governor 2 

Of  lieutenant  governor 3 

Of  other  state  officers 3 

When  to  begin 4 

Of  judges  of  supreme  court 3 

Of  judges  of  superior  court 5 

Of  county,  district,  township  and  precinct  officers 5 

Of  those  in  office  at  time  state  government  is  organized 14 

Officers  not  provided  for  in  constitution,  legislature  to  regulate 11 

Of  all  officers  elected  at  first  election  under  constitution,  when  to  begin. .  1G 

Territory       \ 

State  assumes  debts  of 3 

Process  issued  under  authority  of,  to  be  valid 1 

Change  of  form  of  government  not  to  affect  rights,  actions,  etc 1 

Laws  of,  to  remain  in  force  until  when 2 

Accrued  debts,  fines  a nd  penalties  to  inure  to  the  state 3 

All  property  of,  to  vest  in  state 4 

Officers  of,  to  hold  office  until  superseded  by  state  officers 6 

Courts  of,  to  continue  until  when ; 8 


261 

[rt. 

Page. 

4 

159 

27 

189 

1 

137 

11 

170 

2 

144 

2 

144 

4 

154 

4 

155 

7 

162 

7 

162 

7 

162 

7 

163 

7 

163 

7 

163 

7 

163 

7 

162 

7 

162 

7 

162 

7 

163 

7 

163 

7 

163 

26 

186 

12 

175 

26 

186 

26 

186 

26 

186 

26 

186 

26 

186 

9 

166 

12 

175 

12 

175 

12 

175 

12 

175 

12 

175 

12 

175 

12 

175 

2 

141 

2 

141 

3 

148 

3 

148 

3 

148 

3 

148 

4 

153 

4 

154 

11 

169 

27 

191 

27 

191 

27 

192 

26 

187 

27 

187 

27 

187 

27 

187 

27 

187 

27 

188 

27 

188 

27 

189 

Yrt. 

Page. 

1 

137 

1 

138 

1 

140 

2 

146 

15 

179 

17 

180 

17 

180 

17 

181 

27 

187 

262  INDEX  TO   CONSTITUTION. 

Testimony  :  sec. 

No  person  to  be  compelled  to  testify  against  himself 9 

Weight  of,  not  to  be  affected  on  account  of  religious  belief 11 

Necessary  to  conviction  of  treason 27 

On  prosecution  for  bribery 30 

Tide  Lands: 

Municipal  corporations  may  extend  streets  over 3 

State  asserts  ownership  to 1 

Vested  rights  may  be  asserted  in  courts  of  state 1 

State  disclaims  title  to  lands  patented  by  U.  S 2 

Grants  of,  not  validated 2 

Tide  Waters  — ( See  Harbors.) 

Timber  and  Stone  may  be  sold  off  state  lands,  how 3       16         180 

Toll: 

Appellate  jurisdiction  of  supreme  court 4 

Original  jurisdiction  of  superior  court 6 

Town: 

Amendment  of  charter  by  special  legislation,  prohibited 28 

May  organize  under  general  laws 10 

(See  City,  County  and  Township.) 

Township  Officers: 

Legislators  to  provide  for 5 

To  prescribe  duties,  fix  term  and  compensation 5 

County  commissioners  to  fill  vacancies  in 6 

Township  Organization: 

Legislature  to  provide  for 4 

County  may  adopt 4 

Majority  vote  necessary  for  adoption  of 4 

Transportation  Companies  are  common  carriers  (see  Railroad  Companies)  13 

Treason : 

What  constitutes 27 

Evidence  necessary  to  convict  for.  27 

Treasurer: 

Of  state,  when  and  by  whom  elected 1 

Term  of  office 3 

Duties  of 19 

Shall  keep  records  at  capital  of  state 24 

Salary  of 19 

Must  reside  where 24 

When  ineligible 25 

Of  county,  legislature  to  provide  for  election  of  ( see  County  Officers )  —  5 

Treasury  —  Money  paid  out  of,  how  and  when 4 

Trial  by  Jury: 

Right  of,  to  be  inviolate 21 

Jury  to  consist  of 21 

Number  necessary  for  verdict 21 

Jury  may  be  waived 21 

Trusts  : 

Prohibited 22 

Under  penalties  to  be  provided 22 

Legislature  may  declare  forfeiture  of  property  and  franchise 22 

u. 

United  States: 

Acceptance  of  office  under,  vacates  seats  in  legislature 14 

Consent  of,  necessary  to  enable  state  to  dispose  of  certain  lands 1 

Compact  of  state  with 

Title  to  unappropriated  lands  to  be  in 2 

Taxation  of  lands  of 2 

Officers  of,  to  hold  office  until  superseded  by  state  officers  6 

University  Lands— (See  Lands,  Public  Lands.) 


4 

154 

4 

155 

2 

144 

11 

170 

11 

169 

11 

169 

11 

169 

11 

169 

11 

169 

11 

169 

12 

174 

1 

140 

1 

140 

3 

148 

3 

148 

3 

151 

3 

152 

3 

151 

3 

152 

3 

152 

11 

169 

8 

164 

1 

139 

1 

139 

1 

139 

1 

139 

12 

176 

12 

176 

12 

176 

2 

143 

16 

179 

26 

186 

26 

186 

26 

186 

27 

188 

INDEX  TO   CONSTITUTION.  263 

V. 

Vacancy  :  Sec. 

In  legislature  filled  by  Governor 15 

In  office,  when  filled  by  Governor 13 

In  office  of  judge  of  supreme  court  filled  by  Governor 3 

In  office  of  judge  of  superior  court  filled  by  Governor 5 

In  county,  township,  etc.,  offices  to  be  filled  by  county  commissioners —  6 

Validating  Acts  of  deeds,  wills,  etc.,  by  special  acts  prohibited 28 

Validity  of  Statute— Appellate  jurisdiction  of  supreme  court 4 

Verdict  in  civil  cases,  number  of  jurors. . '. 21 

Veto  : 

Governor  to  have  power  to 12 

Two- thirds  of  Legislature  may  pass  bill  over 12 

Village— (See  Town.) 

Vote  : 

In  elections  by  legislatures  to  be  viva  voce 27 

And  entered  on  the  journal 27 

Qualification  necessary  to 1 

Who  entitled  to 1 

Who  not  entitled  to 1 

At  school  elections,  who  entitled  to 2 

Who  excluded  from  right  to 3 

Residence  of  certain  persons  not  to  affect  right  to 4 

To  be  by  ballot 6 

Prerequisite  to  the  right  to 7 

For  representation  to  congress,  how  determined 13 

At  first  election  to  be  according  to  territorial  laws 15 

Voters : 

Qualification  of % 1 

Privileged  from  arrest  on  election  day,  except , 5 

Absence  of  certain  persons  not  to  affect  rights  to 4 

w. 

Water  and  Water  Rights  : 

Power  of  city  to  contract  debts  for 6 

Restrictions  on  state  in  selling  water  rights 1 

Appropriation  for  irrigation,  etc . ,  declared  a  public  use 1 

Wharfage  : 

Legislature  to  provide  for  leasing  by  general  laws 2 

Limit  of  term 2 

Wills  cannot  be  validated  by  special  acts 28 

Witness  : 

Not  to  be  compelled  to  testify  against  himself 9 

Not  iucompetent  in  consequence  of  religious  opinion 11 

Concurrence  necessary  in  treason 27 

Woman  Suffrage— Separate  article  [rejected] 17 

Whits  : 

Jurisdiction  of  supreme  court 4 

Jusisdiction  of  superior  court 6 

Y. 

Yeas  and  Nays  to  be  entered  on  journal,  when 21         2         144 

To  be  taken  on  final  passage  of  bill 22         2         144 

In  case  of  emergency  for  passage  of  bill 31         2         14fi 

To  be  taken  on  vote  to  consider  bill  not  introduced  in  time 36         2         147 


Art. 

Page. 

2 

143 

3 

150 

4 

153 

4 

154 

11 

169 

2 

144 

4 

154 

1 

139 

3 

149 

3 

149 

2 

144 

2 

144 

6 

161 

6 

161 

ti 

161 

6 

161 

6 

161 

6 

161 

6 

161 

6 

162 

27 

191 

27 

191 

6 

161 

6 

161 

6 

161 

8 

165 

15 

178 

21 

181 

15 

179 

15 

179 

2 

144 

1 

137 

1 

138 

1 

140 

27 

192 

4 

154 

4 

155 

ADDENDUM 


CONTAINING   THE 


SCHOOL  TEXT  BOOK  LAW 


PASSED  OVER  GOVERNOR'S  VETO 


BY   THE 

EXTRAORDINARY  SESSION,  JU^E  12,  1901. 


SELECTION  OF  SCHOOL  TEXT  BOOKS. 

[House  Bill  No.  82.] 

An  Act  to  provide  for  the  selection  and  use  of  school  text  books 
and  supplementary  text  books  in  the  public  schools  of  the  State 
of  Washing-ton,  for  the  prescribing  of  courses  of  study  therein, 
and  dividing  the  school  districts  of  the  state  into  classes,  and 
repealing  all  laws  and  parts  of  laws  inconsistent  with  the  pro- 
visions of  this  act. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Washington : 
Section  1.  That  for  the  purpose  of  this  act  the  school 
districts  of  the  State  of  Washington  shall  be  and  they 
hereby  are  divided  into  and  shall  consist  of  two  classes, 
viz.:  School  districts  of  the  first  class  and  school  dis-  distri^ts°f 
tricts  of  the  second  class,  and  the  school  districts  of 
the  first  class  shall  consist  of  all  of  the  school  districts 
in  the  state  which  are  maintaining  or  which  shall  here- 
after establish  and  maintain  a  high  school  of  not  less 
than  a  two  years'  course  of  study.  Every  other  school 
district  of  the  state  shall  be  a  school  district  of  the  sec- 
ond class,  and  the  school  districts  of  the  second  class  of 
the  State  of  Washington  shall  consist  of  all  school  dis- 
tricts which  are  not  maintaining  or  which  shall  not 
hereafter  establish  and  maintain  a  high  school  of  not 
less  than  a  two  years'  course  of  study. 

Sec.  2.  That  the  text  books   for   use  in  the   public  selection  of 

1  textbooks  — 

schools  of  each  school  district  of  the  first  class  shall  be  bywnom- 
selected  by  the  text  book  commission  of  such  school 
district.  The  text  book  commission  of  such  school  ot^mmissioD 
district  shall  consist  of  five  persons,  including  the  city 
superintendent,  or,  if  there  be  none,  then  the  principal 
of  the  high  school,  who  shall  be  ex-officio  chairman  of 
the  commission,  two  members  of  the  city  board  of  edu- 
cation, or  board  of  school  directors  of  the  district,  to 
be  designated  by  such  board,  and  one  of  whom  shall 
be  ex-officio  secretary  of  the  commission,  and  two  law- 
fully qualified  teachers  engaged  in  teaching  in  such 
school  district,  to  be  appointed  by  the  board  of  educa- 


IV 


Tenure 
of  office. 


Powers  of 
commission. 


Minimum 
length  of  time 
text  books 
shall  he  used. 


Supplement- 
ary books. 


Meetings. 


Shall  adver- 
tise for 
proposals. 


ADDENDUM. 

tion  or  board  of  school  directors  of  the  district.  Each 
member  of  the  text  book  commission  shall  take  the 
oath  to  faithfully  discharge  the  duties  of  his  office. 
The  term  of  office  of  the  text  book  commision  shall  be 
five  years  and  until  their  successors  are  appointed  and 
qualified.  A  text  book  commission  shall  be  appointed 
in  each  school  district  of  the  first  class,  in  the  month 
of  June  in  the  year  1901,  and  in  every  month  of  June 
every  five  years  thereafter.  Said  text  book  commission 
shall  have  power  to  select  text  books  for  the  use  in  the 
public  schools  of  the  school  district  for  which  it  is  ap- 
pointed, and  it  shall  be  the  duty  of  the  board  of 
directors  to  require  the  introduction  and  use  of  all 
text  books  lawfully  adopted  for  use  in  their  respective 
districts.  The  text  books  selected  by  the  commission 
shall  cover  such  branches  and  studies  as  are  required 
to  be  taught  in  like  schools,  by  the  state  course  of 
study  issued  by  the  State  Superintendent  of  Public  In- 
struction, and  as  are  required  to  be  taught  by  the  laws 
of  the  State  of  Washington.  Any  test  book  selected 
for  use  in  the  schools  of  the  district  shall  continue 
in  use  until  displaced  or  replaced  by  order  of  the  text 
book  commission,  and  no  text  book  selected  or  intro- 
duced into  the  schools  by  the  text  book  commission 
shall  be  displaced  or  replaced  within  three  years  from 
the  date  of  its  introduction  into  the  schools.  But 
nothing  in  this  act  or  any  other  law  shall  be  so  con- 
strued as  to  prevent  the  text  book  commission  of  any 
school  district  of  the  first  class  from  using  or  introduc- 
ing at  any  time,  any  supplementary  or  additional 
books  which  may  from  time  to  time  be  deemed  neces- 
sary in  order  to  maintain  the  highest  standard  of 
excellence  in  the  schools  of  the  district. 

Sec.  3.  The  text  book  commission  of  each  school  dis- 
trict of  the  first  class  shall,  between  the  first  day  of 
April  and  the  first  day  of  July  of  each  year,  when  any 
text  books  are  to  be  selected  by  such  commission,  pub- 
lish an  advertisement  in  a  newspaper  of  general  circu- 
lation published  in  the  county,  or  if  there  be  no  such 
newspaper  published  in  the  county,  then  in  any  news- 


ADDENDUM.  -, 

paper  published  and  having  a  general  circulation  in 
the  state,  to  the  effect  that  the  commission  will,  on  a 
day  therein  named,  select  text  books  for  the  use  of  the 
schools  in  such  districts,  and  invite  proposals  for  the 
furnishing  of  such  books,  the  proposals  to  state  an  ex- 
change and  a  retail  price  at  which  the  proposer  will 
furnish  books  for  the  schools  of  the  district  during  the 
period  of  their  use  in  such  schools. 

Sec.  4.  It  shall  be  the  duty  of  the  principal  of  each  Duties  of 

J  l  r  principal. 

school  in  all  districts  of  the  first  class  to  prepare  and 
issue,  under  the  direction  of  the  city  board  of  educa- 
tion, or  board  of  school  directors  of  the  district,  a  course 
of  study  for  his  schools,  which  course  of  study  must, 
before  going  into  effect,  be  approved  by  the  State 
Superintendent  of  Public  Instruction.  Such  course  of  ^dy*60' 
study  shall  conform  to  the  manual,  or  general  outline, 
prescribed  by  the  State  Superintendent  of  Public  In- 
struction, and  all  examinations  and  promotions  under 
the  same  shall  be  based  upon  the  minimum  credits  in 
each  study,  as  prescribed  by  the  State  Superintendent 
of  Public  Instruction  in  his  general  manual  or  outline 
course  of  study. 

Sec.  5.  That  there  shall  be  in  each  countv  in  this  county  board 

J  of  education 

state  containing  any  school  district  or  districts  of  the  ^gj^ts  of 
second  class,  a  county  board  of  education,  which  shall 
be  composed  of  five  persons,  including  the  county  su- 
perintendent of  common  schools,  who  shall  be  ex-officio 
president  of  the  board,  two  lawfully  qualified  teachers 
engaged  in  teaching  in  the  county,  and  two  citizen 
taxpayers  of  the  county,  which  last  mentioned  four  mem- 
bers of  the  county  board  of  education  shall  be  appointed 
by  the  board  of  county  commissioners  of  each  and 
every  county  in  the  state.  Each  member  of  the  county  *b:}n  take 
board  of  education  shall  take  an  oath  to  faithfully  and 
honestly  discharge  the  duties  of  his  office.  The  term 
of  office  of  the  members  of  the  countv  board  of  educa-  Tenure 

•of  office. 

tion  shall  be  four  years,  and  they  shall  hold  their 
offices  until  their  successors  are  appointed  and  qualified. 
The   board   of  county   commissioners  in  each  countv  Wl"'" 

J  J   appointed. 

shall,  in  the  month  of  March,  1901,  and  in  the  month 


VI 


ADDENDUM. 


Duties  of 
board. 


Shall 
advertise 
for  proposals. 


Minimum 
length  of  time 
books  may 
be  used. 


Supplement- 
ary books. 


Annual  meet- 
ing of  board. 


Special 
meetings. 


Course  of 

study. 


of  March  every  four  years  thereafter,  appoint  the 
county  board  of  education  for  their  respective  coun- 
ties, and  they  shall  have  power  and  it  shall  be  their 
duty  to  fill  all  vacancies  that  may  occur  in  said  board. 
Sec.  b\  The  county  board  of  education  in  each  county 
of  this  state  shall,  between  the  first  day  of  April  and 
the  first  day  of  July  of  each  year  when  any  text  books 
are  to  be  selected,  publish  and  advertise  in  a  news- 
paper of  general  circulation  in  said  county  to  the  effect 
that  said  county  board  of  education  will  on  a  day 
named  therein  select  text  books  for  the  use  of  all  the 
school  districts  of  the  second  class  in  said  county,  and 
invite  proposals  for  the  furnishing  of  such  books,  the 
proposals  to  state  an  exchange  price,  a  wholesale  price 
and  a  retail  price  at  which  the  proposer  will  furnish 
books  for  the  schools  of  all  districts  of  the  second  class 
during  the  period  of  their  use  in  the  schools  of  such 
districts.  Any  text  books  selected  for  use  in  the  schools 
shall  remain  in  use  until  the  same  shall  be  displaced 
or  replaced  by  the  county  board  of  education  ;  but  no 
book  selected  and  introduced  into  the  schools  shall  in 
any  event  be  changed  within  five  years  from  the  date 
of  introduction.  The  county  board  of  education  or 
the  officers  of  any  school  district  of  the  second  class, 
shall  have  power  to  select,  introduce  and  use  additional 
and  supplementary  books  at  any  time,  when  they  deem 
it  necessary,  in  order  to  establish  and  maintain  the 
highest  standard  of  excellence  in  their  schools.  The 
county  board  of  education  shall  hold  an  annual  meet- 
ing at  the  county  seat,  on  the  second  Monday  in  July, 
1901,  and  on  the  second  Monday  in  July  in  each  year 
thereafter,  for  the  purpose  of  transacting  any  business 
that  may  lawfully  come  before  it,  and  they  shall  meet 
at  such  other  times  as  may  be  deemed  necessary  by 
the  majority  of  the  board,  and  it  shall  be  the  duty  of 
the  county  superintendent,  as  president  of  the  board, 
to  call  a  meeting  at  any  time,  upon  the  written  request 
of  three  members  of  the  board :  Provided,  That  the 
Superintendent  of  Public  Instruction  shall  have  power 
and  it  shall  be  his  duty  to  prescribe  a  uniform  course 


ADDENDUM.  vii 

of  study  for  all  schools  of  the  second  class  :  Provided 
further,  That  any  publisher  or  publishers  of  school 
books  furnishing  books  under  the  provisions  of  this 
act  to  any  district  or  districts  of  this  state  shall  deposit 
with  the  Superintendent  of  Public  Instruction  a  copy 
of  any  and  all  books  so  furnished. 

Sec.  7.  Each  member  of  the  text  book  commission  of0Semnbearsion 
in  school  districts  of  the  first  class  shall  receive  asofboard' 
compensation  for  his  services,  the  sum  of  three  dollars 
for  each  day  during  which  he  is  in  attendance  upon  the 
meetings  of  the  text  book  commission,  and  such  compen- 
sation shall  be  paid  from  the  funds  of  the  school  district. 
Each  member  of  the  county  board  of  education  shall 
receive  three  dollars  for  each  day  he  is  in  attendance 
upon  a  meeting  of  the  board,  and  the  same  shall  be 
paid  from  the  funds  of  the  county. 

Sec.  8.  In  all  joint  districts  of  the  second  class,  that  J°*nt districts 

•>  '  under  junsdic- 

is  to  say,  in  all  school  districts  of  the  second  class  j^.^  wbat 
situated  in  more  than  one  county,  such  joint  school 
district  shall,  for  the  purposes  of  this  act,  be  held  and 
deemed  to  be  a  school  district  within  the  one  of  said 
counties  first  created,  and  for  all  purposes  of  this  act  it 
shall  be  under  the  control  and  jurisdiction  of  the 
county  board  of  education  of  such  oldest  county. 

Sec.  9.  That  section  105,  being  article  I,  of  chapter  certain 

o  '  r  provisions 

V,  of  the  Code  of  Public  Instruction  of  the  State  of  repealed. 
Washington,  passed  by  the  Legislature  of  the  State  of 
Washington  at  the  session  of  1897,  approved  March  19, 
1897,  and  all  other  parts  of  said  Code  of  Public  Instruc- 
tion in  any  wise  in  conflict  with  the  provisions  of  this 
act,  and  all  other  acts  and  parts  of  acts  in  any  wise 
conflicting  with  the  provisions  of  this  act,  be  and  the 
same  are  hereby  repealed. 

Passed  the  House  March  5,  1901. 

Passed  the  Senate  March  14,  1901. 

Vetoed  by  the  Governor,  March  23,  J901. 

Passed  the  House,  notwithstanding  Governor's  veto, 
June  12,  1901. 

Passed  the  Senate,  notwithstanding  Governor's  veto, 
June  12,  1901. 


AA 


LIBRARY 


II 


°00  223  574 


FACILITY 


